Candidate Guide General Election November 4, 2008 Sacramento County Voter Registration & Elections Jill LaVine Registrar of Voters Polls Open 7:00 a.m. - 8:00 p.m.
July 2008 Dear Candidate, This guide has been compiled to assist candidates in preparing for the November 4, 2008 General Election. It is intended to provide general information about the nomination and election of candidates and does not have the force of law, regulation or rule. It is distributed with the understanding that we are not rendering legal advice and, therefore, the guide is not to be a substitute for legal counsel for the individual, organization or candidate using it. In case of conflict, the law, regulation or rule will apply. In accordance with Elections Code 10418, Whenever an election is held on the same day as a statewide election, the election may be consolidated with the statewide election. The following jurisdictions in Sacramento County conduct their regularly scheduled election at the time of the statewide election: *Community College and School Districts *Cities of Citrus Heights, Elk Grove, Folsom, Galt, Isleton, and Rancho Cordova *Sacramento Municipal Utility District *Community Services Districts *Florin Resource Conservation District *Fire Protection Districts *American River Flood Control District *Irrigation Districts *Recreation and Park Districts *Water Districts It is recommended that each candidate study this Candidate Guide carefully. Seeking election to an office can be a difficult process, especially, for a first time candidate. Special attention should be paid to the Campaign Disclosure General Information Section of this guide. Voter Registration and Elections is open from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding county holidays. For further information, please contact my staff at (916) 875-6451. Sincerely yours, Brad R. Buyse Campaign Services Manager Sacramento County Elections We proudly conduct elections with accuracy, integrity and dignity 7000 65th Street, Suite A Sacramento, California 95823-2315 phone (916) 875-6451 fax (916) 875-6516 toll-free (800) 762-8019 Speech and Hearing Impaired (TTY) 1-800-735-2929 www.saccounty.net
COUNTY OF SACRAMENTO VOTER REGISTRATION AND ELECTIONS VISION On behalf of the people of Sacramento County, we proudly conduct elections with accuracy, integrity and dignity. MISSION Our mission is to: Provide the opportunity and the means for participation in the election process; Be effective, efficient and responsive to customer needs through continuous improvement; Achieve open communication through teamwork and a spirit of goodwill; Support educational and training opportunities to produce quality work; Ensure legal requirements are met and applied consistently; Work together to pursue and achieve excellence. VALUES We demonstrate and support the following values: Integrity Responsibility Accuracy Efficiency Respect for All Ethical Conduct Commitment to Customer Service
COUNTY OF SACRAMENTO VOTER REGISTRATION AND ELECTIONS CONTACT TELEPHONE NUMBERS For further information or more detailed explanations, please call the appropriate number listed below. General Information (916) 875-6451 or 1-800-762-8019 California Relay Service (TTY) 1-800-735-2929 FAX Administration (916) 875-6516 FAX Vote-By-Mail (916) 875-6594 FAX Campaign Disclosure (916) 875-6228 Questions Regarding: Voting By Mail (916) 875-6463 Candidate Filing (916) 875-6451 Campaign Disclosure (916) 875-6276 Sample Ballot Preparation (916) 875-6222 Precinct Officers (916) 875-6100 Polling Places (916) 875-6100 Mapping Information (916) 875-6070 Purchase of Walking Lists or CD-ROMs of the Voter File, etc. (916) 875-6451 Voter Registration Classes (916) 875-6451 Obtaining Election Night Returns (916) 875-6451 Web Site Addresses: www.co.sacramento.ca.us/elections or www.elections.saccounty.net
TABLE OF CONTENTS POSITIONS STANDING FOR ELECTION........................................1 CHECKLIST OF DOCUMENTS REQUIRED TO BE FILED........................7 NOMINATION PROCESS Community College and School Districts............................................9 City Offices Citrus Heights, Elk Grove, Folsom, Galt, Isleton..........................11 and Rancho Cordova Sacramento Municipal Utility District...............................................14 Florin Resource Conservation District...............................................16 Special Districts................................................................18 Community Services, Fire Protection, Irrigation, Recreation and Park, and Water American River Flood Control District..............................................20 WRITE-IN CANDIDACY.......................................................23 BALLOT DESIGNATION REGULATIONS.......................................25 PLACEMENT OF NAMES ON THE BALLOT.....................................36 CANDIDATE S STATEMENT...................................................37 Preparation of the Candidate s Statement.............................................39 Guidelines for Counting the Number of Words........................................40 CANDIDATE S STATEMENT COST ESTIMATE.................................43 STATEMENT OF ECONOMIC INTERESTS......................................51 CODE OF FAIR CAMPAIGN PRACTICES.......................................52 Provisions of the Code...........................................................53 Sample Form...................................................................54 CAMPAIGN DISCLOSURE GENERAL INFORMATION..........................55 Important Telephone Numbers.....................................................58 Filing Schedule.................................................................59 Review of Reporting Requirements.................................................60 Items To Remember.............................................................61 CAMPAIGN LITERATURE MASS MAILING...................................62
TABLE OF CONTENTS (continued) OUTDOOR POLITICAL ADVERTISING POLITICAL SIGNS State Requirements..............................................................64 County Requirements............................................................68 City of Sacramento Requirements..................................................69 SMUD Requirements............................................................70 VOTES NEEDED FOR ELECTION..............................................71 Canvass and Recounts...........................................................72 ELECTION NIGHT ACTIVITIES................................................73 FREQUENTLY ASKED QUESTIONS............................................75 REGISTRATION AND ELECTION DATA Walking Lists and CD-ROMs......................................................79 VOTE BY MAIL INFORMATION...............................................81 DISTRIBUTION POLICY OF VOTE-BY-MAIL APPLICATIONS....................82 MAPS........................................................................83 OTHER DATA................................................................84 GENERAL ELECTION CALENDAR.............................................87 LIST OF INCUMBENTS........................................................93 JURISDICTION INFORMATION................................................98
POSITIONS STANDING FOR ELECTION NOVEMBER 4, 2008 GENERAL ELECTION The following positions are scheduled for election on November 4, 2008. Other vacancies may occur through the resignation or death of an incumbent. You may contact the specific city clerk s office, the district s office or Sacramento County Elections for further information. General qualifications and code sections governing these elective positions are provided for your information. For specific information regarding salary, benefits, meetings, etc., contact the specific city clerk s office or the district s office. The term of office for all positions is 4 years unless otherwise indicated. If a proposal to form a unified school district is on the same ballot as the election of governing board members of that district, any candidate for a position on the existing governing board may file nomination papers for that position pursuant to EC 10603(a) and may, at the same election, also file nomination papers for a position on the governing board of the proposed unified school district. (EC 10603(d)) COUNTY BOARD OF EDUCATION (Education Code 1006(a)) DISTRICT POSITIONS (GOVERNING BOARD MEMBERS) QUALIFICATIONS BY TRUSTEE AREA: Candidate shall be a registered voter of the trustee area within the district. Placer County Board of Education - Area 1 1 (Candidates qualify and are elected by trustee area) Any registered voter of the trustee area they are seeking to represent is eligible to be a member of the county board of education except: the county superintendent of schools, any member of his staff, or any employee of a school district. 1
POSITIONS STANDING FOR ELECTION (continued) COMMUNITY COLLEGE DISTRICTS (Education Code 72103(a)(b)) DISTRICT POSITIONS (GOVERNING BOARD MEMBER) QUALIFICATIONS BY TRUSTEE AREA: Candidate shall be a registered voter of the trustee area within the district. Los Rios Trustee Areas 3, 4, 5 and 7 4 (Candidates qualify and are elected by trustee area) An employee of a school or community college district may not be sworn into office as an elected or appointed member of that school district s or community college district s governing board unless and until he or she resigns as an employee. San Joaquin Delta Trustee Areas 1, 2, 5 and 6 (Areas 1, 2 and 6 do not extend into Sacramento County) Sierra Joint Trustee Areas 3, 4 and 7 (Areas 4 and 7 do not extend into Sacramento County) 2 San Joaquin Delta Community College District, Areas 1, 2, 5 and 6 and Sierra Joint Community College District, Areas 3, 4 and 7 are scheduled for election on November 4, 2008. Sacramento County residents who are voters of the district will have an opportunity to vote for all candidates inasmuch as trustees qualify by area, but are elected at large. BY TRUSTEE AREA: Candidate shall be a registered voter of the trustee area within the district. Qualify by area and are elected at large. An employee of a school or community college district may not be sworn into office as an elected or appointed member of that school district s or community college district s governing board unless and until he or she resigns as an employee. 2
POSITIONS STANDING FOR ELECTION (continued) SCHOOL DISTRICTS (Education Code 35107(a)(b)(1)) DISTRICT POSITIONS (GOVERNING BOARD MEMBER) QUALIFICATIONS Center Unified 2 Elk Grove Unified Areas 1, 3, 6 and 7 4 (Candidates qualify by area but are elected at large) Folsom Cordova Unified 2 River Delta Unified Areas 1, 2 and 4 (Area 1 does not extend into Sacramento County) 3 Sacramento County residents may file for candidacy for Areas 2 and 4 only. (Candidates qualify by area but are elected at large) AT LARGE: Candidate shall be a registered voter of the district. Sacramento City Unified Areas 3, 4, 5 and 7 4 (Candidates qualify and are elected by area) BY TRUSTEE AREA: Candidate shall be a registered voter of the trustee area within the district. San Juan Unified 3 Natomas Unified 3 Galt Joint Union High Roseville Joint Union High 3 (2 full term positions and 1 short term position that ends in 2010) 4 (3 full term positions and 1 short term position that ends in 2010) An employee of a school or community college district may not be sworn into office as an elected or appointed member of that school district s or community college district s governing board unless and until he or she resigns Arcohe Union 2 as an employee. Dry Creek Joint 2 Elverta Joint 2 Galt Joint Union Elementary 2 Robla 2 3
POSITIONS STANDING FOR ELECTION (continued) CITIES (Government Code 36502) DISTRICT POSITIONS QUALIFICATIONS HOW ELECTED City of Citrus Heights 2 Councilmembers 3 Councilmembers City of Elk Grove (GC 34882) Districts 1, 3 and 5 (Candidates qualify by area City of Folsom but are elected at large) 2 Councilmembers Candidate shall be a registered voter of the applicable city at the time 2 Councilmembers nomination papers are Elected at large. City of Galt City of Isleton 1 City Clerk 1 City Treasurer 2 Councilmembers 1 City Treasurer 1 City Clerk (City Clerk - short term position that ends in 2010) issued, be an elector at the time of assuming office and continue to be an elector and resident of the applicable city during the term of office. City of Rancho Cordova 3 Councilmembers MUNICIPAL UTILITY DISTRICT (Public Utilities Code 11850) DISTRICT POSITIONS (DIRECTORS) QUALIFICATIONS HOW ELECTED Sacramento Municipal Utility District 3 Wards 1, 2 and 5 Candidate shall be a registered voter within the ward in the district. Elected by ward. COMMUNITY SERVICES DISTRICTS (Government Code 61200) DISTRICT POSITIONS (DIRECTORS) QUALIFICATIONS HOW ELECTED Cosumnes 3 Candidate shall be a registered voter residing Rancho Murieta 2 San Juan Water 2 within the boundaries of the district. Candidates qualify and are elected at large. Elected at large. 4
POSITIONS STANDING FOR ELECTION (continued) RESOURCE CONSERVATION DISTRICT (Public Resources Code 9352, 9357) DISTRICT POSITIONS (DIRECTORS) QUALIFICATIONS Florin 2 Directors shall be registered voters in the state. Directors shall (1) reside within the district and either own real property in the district or alternatively have served, pursuant to the district s rules, for two years or more as an associate director providing advisory or other assistance to the board of directors, or (2) be a designated agent of a resident landowner within the district. (Members of the county boards of supervisors shall not be eligible to simultaneously hold office as a district director) FIRE PROTECTION DISTRICTS (Health and Safety Code 13841) DISTRICT POSITIONS (DIRECTORS) QUALIFICATIONS Courtland 2 Delta 2 Herald 3 Pacific Fruitridge 3 River Delta 2 Candidate shall be a registered voter of the district. Candidates qualify and are elected at large except for Sacramento Metropolitan. Sacramento Metropolitan 5 Divisions 2, 4, 5, 6 and 8 (Candidates qualify and are elected by division) Candidate shall be a registered voter of the division from which elected. Walnut Grove 2 Wilton 3 FLOOD CONTROL DISTRICT (California Water Code, American River Flood Control District Act 320 3-6.4) DISTRICT POSITIONS (TRUSTEES) QUALIFICATIONS Candidate shall be a registered voter American River 2 of the district and be a resident of the district for at least 1 year preceding his or her appointment or election. 5
POSITIONS STANDING FOR ELECTION (continued) IRRIGATION DISTRICTS (Water Code 21100) DISTRICT Carmichael Water Citrus Heights Water Fair Oaks Water Galt Irrigation POSITIONS (DIRECTORS) 3 Divisions 1, 2 and 4 1 Division 1 2 Divisions 4 and 5 2 Divisions 3 and 5 QUALIFICATIONS Candidate shall be a registered voter of the district and a resident of the division that he or she represents at the time of his or her nomination or appointment, and during his or her entire term. Candidates qualify by division but are elected at large. RECREATION AND PARK DISTRICTS (Public Resources Code 5784.1, 5784(c)) DISTRICT POSITIONS (DIRECTORS) QUALIFICATIONS Arcade Creek 3 Candidate shall be a registered voter Arden Manor 2 3 Arden Park (2 full term positions and 1 short term position that ends in 2010) Cordova 2 Fair Oaks 3 Fulton-El Camino 3 North Highlands 3 Orangevale 3 Rio Linda-Elverta 2 2 of the district. Candidates qualify and are elected at large except for Southgate. If on December 31, 2001, a member of the board of directors was elected or appointed as a voter of this state and is an owner of real property within the district, pursuant to the former Section 5783.3, that person may continue to serve on that board of directors for the remainder of the term for which he or she was elected or appointed, and that person may be elected or appointed to that board of directors in the future Southgate Divisions 2 and 5 (Candidate shall be a registered voter of the division and shall be elected by division) after that term ends, provided that the person continues to be a voter of this state and an owner of real property within the district. (PRC 5784.1(b)) WATER DISTRICTS (RESIDENT) DISTRICT (Water Code 30500, 30700 and 34055) POSITIONS (DIRECTORS) QUALIFICATIONS Del Paso Manor 2 Florin County 3 Rio Linda/Elverta Community Sacramento Suburban 3 2 Divisions 1 and 2 (Qualify and elected by division) Candidate shall be a registered voter of the district. Candidates qualify and are elected at large except for Sacramento Suburban. 6
CHECKLIST OF DOCUMENTS REQUIRED TO BE FILED Listed below is an informal checklist indicating the various documents required to be filed for candidacy for the different offices. It is the responsibility of the candidate to insure that he or she meets all filing requirements and deadlines. All candidates are urged to file the necessary documents as early as possible in order to avoid any last minute rush, confusion or misunderstandings. Additionally, it is recommended that the candidate file all documents involved with his or her candidacy personally. If someone else is delegated to obtain documents on behalf of a candidate, a letter with specific wording signed by the candidate will be required. (See page 76, question and answer no. 9) THE DEADLINE FOR FILING DOCUMENTS IS 5:00 P.M. ON AUGUST 8, 2008 ALL CANDIDATES MUST FILE ** MEDIA SHEET ** CAMPAIGN DISCLOSURE STATEMENTS All candidates are required to file campaign disclosure statements. Please refer to the Campaign Disclosure segment of this guide for further information. GOVERNING BOARD MEMBER, COMMUNITY COLLEGE AND SCHOOL DISTRICTS ** Declaration of Candidacy ** Ballot Designation Worksheet ** Candidate s Statement (optional) ** Code of Fair Campaign Practices (optional) CITY OFFICES (Cities of Citrus Heights, Elk Grove, Folsom, Galt, Isleton and Rancho Cordova) ** Nomination petitions containing not less than 20 nor more than 30 signatures (except for Isleton, which requires not less than 5 nor more than 10 signatures) ** Declaration of Candidacy ** Ballot Designation Worksheet ** $25.00 Filing Fee ** Statement of Economic Interests ** Candidate s Statement (optional) ** Code of Fair Campaign Practices (optional) DIRECTOR, SACRAMENTO MUNICIPAL UTILITY DISTRICT ** Nomination petitions containing not less than 10 nor more than 20 signatures ** Declaration of Candidacy ** Ballot Designation Worksheet ** Statement of Economic Interests ** Candidate s Statement (optional) ** Code of Fair Campaign Practices (optional) DIRECTOR, COMMUNITY SERVICES DISTRICT ** Declaration of Candidacy ** Ballot Designation Worksheet ** Candidate s Statement (optional) ** Code of Fair Campaign Practices (optional) 7
CHECKLIST OF DOCUMENTS REQUIRED TO BE FILED (continued) DIRECTOR, RESOURCE CONSERVATION DISTRICT ** Nomination petition containing signatures of at least 5 landowners of the district ** Declaration of Candidacy ** Ballot Designation Worksheet ** Candidate s Statement (optional) ** Code of Fair Campaign Practices (optional) DIRECTOR, FIRE PROTECTION DISTRICTS ** Declaration of Candidacy ** Ballot Designation Worksheet ** Candidate s Statement (optional) ** Code of Fair Campaign Practices (optional) TRUSTEE, AMERICAN RIVER FLOOD CONTROL DISTRICT ** Nomination petitions containing not less than 25 nor more than 40 signatures ** Declaration of Candidacy ** Ballot Designation Worksheet ** Statement that candidate will not withdraw before the November 4, 2008 General Election ** Candidate s Statement (optional) ** Code of Fair Campaign Practices (optional) DIRECTOR, IRRIGATION DISTRICTS ** Declaration of Candidacy ** Ballot Designation Worksheet ** Candidate s Statement (optional) ** Code of Fair Campaign Practices (optional) DIRECTOR, RECREATION AND PARK DISTRICTS ** Declaration of Candidacy ** Ballot Designation Worksheet ** Candidate s Statement (optional) ** Code of Fair Campaign Practices (optional) DIRECTOR, WATER DISTRICTS ** Declaration of Candidacy ** Ballot Designation Worksheet ** Candidate s Statement (optional) ** Code of Fair Campaign Practices (optional) 8
NOMINATION PROCESS FOR GOVERNING BOARD MEMBER, COMMUNITY COLLEGE AND SCHOOL DISTRICTS DATE ACTIVITY SCHEDULE July 14 ISSUANCE OF NOMINATION PAPERS On and after July 14, 2008, nomination papers for the office of governing board member for community college and school districts will be available at the Registrar of Voters, 7000 65th Street, Suite A, Sacramento, between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. July 14 through August 8 DECLARATION OF CANDIDACY Candidates for community college and school district offices file a Declaration of Candidacy. 5:00 p.m. CANDIDATE S STATEMENT A candidate may also file with his or her nomination papers (declaration of candidacy) a candidate s statement, not exceeding 200 words in length (unless otherwise indicated). Please see the applicable pages in this guide for further information and cost estimate. If candidates choose to do a candidate statement it must be submitted at the time the candidate files their Declaration of Candidacy. August 8 FILING OF NOMINATION PAPERS 5:00 p.m. Nomination papers must be filed with the Registrar of Voters, 7000 65th Street, Suite A, Sacramento, not later than 5:00 p.m. on August 8, 2008. WITHDRAWAL OF CANDIDATE No candidate shall withdraw his or her nomination papers after 5:00 p.m. on August 8, 2008. (EC 10603(b)) August 13 EXTENSION IF INCUMBENT DOES NOT FILE 5:00 p.m. If nomination papers for an incumbent governing board member are not filed by 5:00 p.m. on the 88th day (August 8, 2008) the filing period is extended until 5:00 p.m. on the 83rd day (August 13, 2008) for any qualified person, other than the incumbent to declare their candidacy for such office. Refer to Filing Schedule SUBMITTAL OF CAMPAIGN DISCLOSURE STATEMENTS All candidates for public office are required to file campaign disclosure statements. Please refer to the Campaign Disclosure segment of this guide for further information. December 5 TAKING OFFICE Elected and appointed school officials will take office on the first Friday in December, following the general district election. (ED 5017) 9
NOMINATION PROCESS FOR GOVERNING BOARD MEMBER, COMMUNITY COLLEGE AND SCHOOL DISTRICTS (continued) INSUFFICIENT OR NO NOMINEES If only 1, no one, or an insufficient number of persons has or have declared candidacy for any elective office to be filled at the election, and if a petition signed by 10% of the voters or 50 voters of the district (or trustee area, if applicable), whichever is the smaller number in the district (or trustee area, if elected by trustee area), has not been presented to the Registrar of Voters by 5:00 p.m. on August 13, 2008, requesting that a school district election be held for the office(s), an election shall not be held. If, pursuant to Education Code 5326, an election is not held, the qualified person nominated shall be seated at the organizational meeting of the board. If there is no nominee for an office, the governing board of the district shall appoint a qualified person at a meeting held prior to the day fixed for the election. The person(s) so appointed shall be seated at the organizational meeting of the board as if elected at a district election. (ED 5328) TIE VOTE PROCEDURE If a tie vote makes it impossible to determine which of 2 or more candidates have been elected, the county superintendent of schools having jurisdiction shall so certify to the governing board. The governing board may either call a runoff election or determine the winner or winners by lot. Prior to conducting any school board election, the governing board of each school district shall establish which of such procedures is to be employed by the district in the event of a tie vote. (ED 5016) This will be submitted in their resolution to our office. 10
NOMINATION PROCESS FOR CITY OFFICES DATE ACTIVITY SCHEDULE July 14 ISSUANCE OF NOMINATION PAPERS On and after July 14, 2008, nomination papers for city offices will be available at the following City Clerks Offices: City of Citrus Heights Office of the City Clerk City of Galt Office of the City Clerk 6237 Fountain Square Drive, Citrus Heights 380 Civic Drive, Galt Monday through Friday Between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday Between the hours of 8:00 a.m. to 5:00 p.m. Telephone Number: (916) 725-2448 Telephone Number: (209) 366-7130 City of Elk Grove Office of the City Clerk City of Isleton Office of the City Clerk 8380 Laguna Palms Way, Elk Grove 2nd Street, Isleton Monday through Friday Between the hours of 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Monday through Friday Between the hours of 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Telephone Number: (916) 478-2205 Telephone Number: (916) 777-7770 City of Folsom Office of the City Clerk City of Rancho Cordova Office of the City Clerk 50 Natoma Street, Folsom 2729 Prospect Park Drive, Rancho Cordova Monday through Friday Between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday Between the hours of 8:00 a.m. to 5:00 p.m. Number: (916) 355-7270 Telephone Number: (916) 851-8723 11
NOMINATION PROCESS FOR CITIES (continued) DATE ACTIVITY SCHEDULE July 14 through August 8 CIRCULATION OF NOMINATION PETITIONS Circulators may obtain signatures to the nomination petitions of any candidate not more than 113 nor less than 88 days prior to the election. Circulators of nomination petitions 5:00 p.m. must be residents of the city and may obtain signatures only from registered voters residing within the city. A candidate may circulate his or her own nomination petitions, or he or she may appoint a circulator. SIGNATURES REQUIRED Nomination petitions for the cities of Citrus Heights, Elk Grove, Folsom, Galt, and Rancho Cordova candidates shall be signed by not less than 20 nor more than 30 registered voters. Candidates for the City of Isleton will need not less than 5 nor more than 10 signatures of registered voters as Isleton has less than 1,000 registered voters. DECLARATION OF CANDIDACY Each candidate, at least 88 days prior to the election, shall file a sufficient candidate s declaration of candidacy with the appropriate City Clerk. July 14 through August 8 FILING FEE A filing fee of $25.00 is to be paid at the time nomination papers are filed. The filing fee shall not be refunded in the event the candidate fails to qualify. 5:00 p.m. CANDIDATE S STATEMENT A candidate may also file with his or her nomination papers, a candidate s statement, not exceeding 200 words in length (unless otherwise indicated). Please see the applicable pages in this guide for further information and cost estimate. STATEMENT OF ECONOMIC INTERESTS Government Code 87200-01 require that every candidate for election to a city office file a statement of economic interests disclosing his or her financial interests. The exception to this filing would be if the candidate has filed, within 60 days prior to the filing of his or her declaration of candidacy, a statement for the same jurisdiction. FILING OF NOMINATION PAPERS All completed nomination papers must be filed with the appropriate City Clerk not later than 5:00 p.m. on August 8, 2008. August 8 WITHDRAWAL OF CANDIDATE 5:00 p.m. No candidate shall withdraw his or her nomination papers after 5:00 p.m. on August 8, 2008. August 13 EXTENSION IF INCUMBENT DOES NOT FILE 5:00 p.m. If nomination papers for an incumbent are not filed by 5:00 p.m. on the 88th day (August 8, 2008) before the election, any qualified person, other than the incumbent, has until 5:00 p.m. on the 83rd day (August 13, 2008) before the election to complete the filing for nomination. 12
NOMINATION PROCESS FOR CITIES (continued) DATE ACTIVITY SCHEDULE Refer to Filing Schedule SUBMITTAL OF CAMPAIGN DISCLOSURE STATEMENTS All candidates for public office are required to file campaign disclosure statements. Candidates for city offices are to file their statements with the appropriate City Clerk. Please refer to the Campaign Disclosure segment of this guide for further information. PROCEDURE IF INSUFFICIENT OR NO NOMINEES If there are insufficient or no nominees for an office or offices, the City Clerk shall submit a Certificate of Facts to the City Council advising that, at a regular or special meeting held prior to the election, the City Council may adopt one of the following courses of action: 1. Appoint to the office the person who has been nominated; 2. Appoint to the office any eligible elector if no one has been nominated; or 3. Hold the election if either no one or only one person has been nominated. The city elections official shall publish a notice of the facts and the courses of action available. Within 5 days after publication, the City Council may make an appointment or direct that an election be held. Notwithstanding EC 10403, if, by the 75th day (August 21, 2008) before the municipal election, no person has been appointed to office pursuant to (1) and (2) above, the election shall be held. (EC 10229(a)) TAKING OFFICE City of Citrus Heights The terms of Councilmembers shall be 4 years and shall begin on the second Thursday in December following their election and qualification. City of Elk Grove The term of office is 4 years commencing with the certification of the election, typically the first regular council meeting in December following the election. City of Folsom The terms of Councilmembers shall be 4 years and shall begin on the second Monday in December following their election and qualification. (Folsom City Charter, Article II, 2.01.C) City of Galt The terms of Councilmembers shall be 4 years and shall begin on the first Tuesday in December. City of Isleton The term of Councilmembers and City Clerk shall be 4 years and shall commence at the first meeting in December after the certification of the election. City of Rancho Cordova The terms of Councilmembers shall be 4 years and shall begin on the first Monday in December following their election and qualification. 13
NOMINATION PROCESS FOR DIRECTOR, SACRAMENTO MUNICIPAL UTILITY DISTRICT DATE ACTIVITY SCHEDULE July 14 ISSUANCE OF NOMINATION PAPERS On and after July 14, 2008, nomination papers for the office of Director, Sacramento Municipal Utility District, will be available at the Registrar of Voters, 7000 65th Street, Suite A, Sacramento, between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. July 14 through August 8 CIRCULATION OF NOMINATION PETITIONS Circulators may obtain signatures not more than 113 nor less than 88 days prior to the election. Each section of the petition shall bear the name of the county and only 5:00 p.m qualified voters of that county shall sign that section. Circulators of nomination petitions must be registered voters of the ward in the district in which they seek signatures, and may obtain signatures only from registered voters residing within that ward. A candidate may circulate his or her own nomination petitions, or he or she may appoint a circulator. SIGNATURES REQUIRED Nomination petitions shall be signed by not less than 10 nor more than 20 registered voters of the ward in the district. DECLARATION OF CANDIDACY Each candidate, at least 88 days prior to the election, shall file a sufficient candidate s declaration of candidacy with the Registrar of Voters. CANDIDATE S STATEMENT A candidate may also file with his or her nomination petitions a candidate s statement not exceeding 200 words in length (unless otherwise indicated). Please see the applicable pages in this guide for further information and cost estimate. July 14 through August 8 STATEMENT OF ECONOMIC INTERESTS The SMUD Conflict of Interests Code requires that every candidate for election to office file a statement of economic interests disclosing his or her financial interests. A 5:00 p.m. Statement of Economic Interests (Form 700) will be given to you at the time nomination papers are issued. Please submit your completed statement to the Registrar of Voters at the same time you file your nomination papers, declaration of candidacy and optional candidate s statement. The Registrar of Voters will immediately forward the original statement to the Fair Political Practices Commission and a copy to SMUD. Questions regarding completion of the statement of economic interests forms should be directed to Arlen Orchard, General Counsel at (916) 732-5830. The exception to this filing would be if the candidate has filed within 60 days prior to the filing of his or her declaration of candidacy a statement for the same jurisdiction. 14
NOMINATION PROCESS FOR SMUD (continued) DATE ACTIVITY SCHEDULE July 14 through August 8 FILING OF NOMINATION PAPERS All completed nomination papers shall be filed with the Registrar of Voters at 7000 65th Street, Suite A, Sacramento, not more than 113 nor less than 88 days 5:00 p.m. before the date of the election, and shall be examined by the staff of the Registrar of Voters. If there are less than 10 valid signatures, the Registrar of Voters shall notify the candidate of that fact, and shall accept additional valid signatures at any time prior to the close of the period for circulating nomination papers. August 8 WITHDRAWAL OF CANDIDATE 5:00 p.m. No candidate shall withdraw his or her nomination papers after 5:00 p.m. on August 8, 2008. August 13 EXTENSION IF INCUMBENT DOES NOT FILE 5:00 p.m. If nomination papers for an incumbent director are not filed by 5:00 p.m. on the 88th day (August 8, 2008) before the election, any qualified person, other than the incumbent, has until 5:00 p.m. on the 83rd day (August 13, 2008) before the election to complete the filing for nomination. Refer to Filing Schedule SUBMITTAL OF CAMPAIGN DISCLOSURE STATEMENTS All candidates for public office are required to file campaign disclosure statements. Please refer to the Campaign Disclosure segment of this guide for further information. January 1, TAKING OFFICE 2009 Elected officials shall take office on the first day of January following their election. Reference: Public Utilities Code 11821-11863 15
NOMINATION PROCESS FOR DIRECTOR, FLORIN RESOURCE CONSERVATION DISTRICT DATE ACTIVITY SCHEDULE July 14 ISSUANCE OF NOMINATION PAPERS On and after July 14, 2008, nomination papers for the office of Director, Florin Resource Conservation District, will be available at the Registrar of Voters, 7000 65th Street, Suite A, Sacramento, between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. July 14 through August 8 CIRCULATION OF NOMINATION PETITIONS Circulators may obtain signatures to the nomination petitions of any candidate not more than 113 nor less than 88 days prior to the election. Circulators of nomination 5:00 p.m. petitions must be registered voters of the district in which they seek signatures, and may obtain signatures only from landowners of the Florin Resource Conservation District. A candidate may circulate his or her own nomination petitions, or he or she may appoint a circulator. SIGNATURES REQUIRED Nomination petitions shall be signed by not less than 5 landowners of the Florin Resource Conservation District. DECLARATION OF CANDIDACY Each candidate, at least 88 days prior to the election, shall file a sufficient candidate s declaration of candidacy with the Registrar of Voters. CANDIDATE S STATEMENT A candidate may also file with his or her nomination papers, a candidate s statement, not exceeding 200 words in length (unless otherwise indicated). Please see the applicable pages in this guide for further information and cost estimate. July 14 through August 8 FILING OF NOMINATION PAPERS All completed nomination papers must be filed with the Registrar of Voters at 7000 65th Street, Suite A, Sacramento, not more than 113 nor less than 88 days before the date of 5:00 p.m. the election. If there are less than 5 valid landowner signatures on the nomination petition, the Registrar of Voters shall notify the candidate of that fact, and shall accept additional valid landowner signatures at any time prior to the close of the period for circulating nomination petitions. August 13 EXTENSION IF INCUMBENT DOES NOT FILE 5:00 p.m. If nomination papers for an incumbent director are not filed by 5:00 p.m. on the 88th day (August 8, 2008) before the election, any qualified person, other than the incumbent, has until 5:00 p.m. on the 83rd day (August 13, 2008) before the election to complete the filing for nomination. 16
NOMINATION PROCESS FOR FLORIN RESOURCE CONSERVATION DISTRICT (continued) DATE ACTIVITY SCHEDULE Refer to Filing Schedule SUBMITTAL OF CAMPAIGN DISCLOSURE STATEMENTS All candidates for public office are required to file campaign disclosure statements. Please refer to the Campaign Disclosure segment of this guide for further information. November 28 TAKING OFFICE The directors so elected and qualified shall take office at noon on the last Friday in November following their election. INSUFFICIENT OR NO NOMINEES If only 1, no one, or an insufficient number of persons has or have filed a declaration of candidacy for any elective office to be filled at the election, and if a petition signed by 10% of the voters or 50 voters of the district (or division, if applicable), whichever is the smaller number in the district (or division, if applicable), has not been presented to the Registrar of Voters by 5:00 p.m. on August 13, 2008, requesting that a general district election be held for the office(s), an election shall not be held. If there is no election for a position due to insufficient or no nominees, the Registrar of Voters shall submit a certificate of the facts to the supervising authority and request that the supervising authority at a regular or special meeting held prior to the Monday before the first Friday in December following the election, appoint to such office(s) the person(s), if any, who have filed declarations of candidacy. If no person has filed a declaration of candidacy for any office, the supervising authority shall appoint any person to the office who is qualified on the date when the election would have been held. The person appointed shall qualify and take office and serve exactly as if elected at a general district election for the office. (EC 10515(b)) TIE VOTE PROCEDURE If a tie vote makes it impossible to determine which of 2 or more candidates has been elected, the Registrar of Voters shall notify the governing body of the district thereof, and the governing body shall forthwith notify the candidates who have received the tie votes to appear before it either personally or by a representative at a time and place designated by the governing body. The governing body shall, at that time and place, determine the tie by lot and the results thereof shall be declared by the governing body. The candidate so chosen shall qualify, take office and serve as though elected at the preceding general district election. (EC 10551(b)) Reference: Public Resources Code 9314, 9352-9359 Elections Code 10500-10556 17
NOMINATION PROCESS FOR DIRECTOR, SPECIAL DISTRICTS COMMUNITY SERVICES * FIRE PROTECTION * IRRIGATION RECREATION AND PARK * WATER DATE ACTIVITY SCHEDULE July 14 ISSUANCE OF NOMINATION PAPERS On and after July 14, 2008, nomination papers for the office of director for special districts will be available at the Registrar of Voters, 7000 65th Street, Suite A, Sacramento, between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. July 14 through DECLARATION OF CANDIDACY Candidates for special district offices file a Declaration of Candidacy. August 8 5:00 p.m. CANDIDATE S STATEMENT A candidate may also file with his or her nomination papers (declaration of candidacy) a candidate s statement, not exceeding 200 words in length (unless otherwise indicated). Please see the applicable pages in this guide for further information and cost estimate. August 8 FILING OF NOMINATION PAPERS 5:00 p.m. Nomination papers must be filed with the Registrar of Voters, 7000 65th Street, Suite A, Sacramento, not later than 5:00 p.m. on August 8, 2008. WITHDRAWAL OF CANDIDATE No candidate shall withdraw his or her nomination papers after 5:00 p.m. on August 8, 2008. (EC 10510) August 13 EXTENSION IF INCUMBENT DOES NOT FILE 5:00 p.m. If nomination papers for an incumbent director are not filed by 5:00 p.m. on the 88th day (August 8, 2008) the filing period is extended until 5:00 p.m. on the 83rd day (August 13, 2008) for any qualified person, other than the incumbent to declare their candidacy for such office.. Refer to Filing Schedule SUBMITTAL OF CAMPAIGN DISCLOSURE STATEMENTS All candidates for public office are required to file campaign disclosure statements. Please refer to the Campaign Disclosure segment of this guide for further information. December 5 TAKING OFFICE Elected and appointed officials shall take office at noon on the first Friday in December, following the general district election. Prior to taking office, each elective officer shall take the official oath and execute such bond as may be required by the principal act. The oath of office for all officers for any independent special district (as defined in Government Code 56044) shall be filed in the office of the clerk or secretary of that district. 18
NOMINATION PROCESS FOR SPECIAL DISTRICTS (continued) INSUFFICIENT OR NO NOMINEES If only 1, no one, or an insufficient number of persons has or have filed a declaration of candidacy for any elective office to be filled at the election, and if a petition signed by 10% of the voters or 50 voters of the district (or division, if applicable), whichever is the smaller number in the district (or division, if applicable) has not been presented to the Registrar of Voters by 5:00 p.m. on August 13, 2008, requesting that a general district election be held for the office(s), an election shall not be held. If there is no election for a position due to insufficient or no nominees, the Registrar of Voters shall submit a certificate of the facts to the supervising authority and request that the supervising authority at a regular or special meeting held prior to the Monday before the first Friday in December following the election, appoint to such office(s) the person(s), if any, who have filed declarations of candidacy. If no person has filed a declaration of candidacy for any office, the supervising authority shall appoint any person to the office who is qualified on the date when the election would have been held. The person appointed shall qualify and take office and serve exactly as if elected at a general district election for the office. (EC 10515) TIE VOTE PROCEDURE If a tie vote makes it impossible to determine which of 2 or more candidates have been elected, the Registrar of Voters shall notify the governing body of the district thereof, and the governing body shall forthwith notify the candidates who have received the tie votes to appear before it either personally or by a representative at a time and place designated by the governing body. The governing body shall, at that time and place, determine the tie by lot and the results thereof shall be declared by the governing body. The candidate so chosen shall qualify, take office and serve as though elected at the preceding general district election. (EC 10551(b)) 19
NOMINATION PROCESS FOR TRUSTEE, AMERICAN RIVER FLOOD CONTROL DISTRICT DATE ACTIVITY SCHEDULE July 14 ISSUANCE OF NOMINATION PAPERS On and after July 14, 2008, nomination papers for the office of trustee, will be available at the American River Flood Control District Office, 165 Commerce Circle, Suite D, Sacramento. The papers are filed with and processed by the staff of the Registrar of Voters of Sacramento County. July 14 through August 8 CIRCULATION OF NOMINATION PETITIONS Circulators may obtain signatures to the nomination petitions of any candidate not more than 113 nor less than 88 days prior to the election. Circulators of nomination petitions 5:00 p.m. must be registered voters of the district in which they seek signatures, and may obtain signatures only from registered voters residing within that district. A candidate may circulate his or her own nomination petitions, or he or she may appoint a circulator. SIGNATURES REQUIRED Nomination petitions shall be signed by not less than 25 nor more than 40 registered voters of the district. DECLARATION OF CANDIDACY Each candidate, at least 88 days prior to the election, shall file a sufficient candidate s declaration of candidacy with the Registrar of Voters. CANDIDATE S STATEMENT A candidate may also file with his or her nomination petitions, a candidate s statement, not exceeding 200 words in length (unless otherwise indicated). Please see the applicable pages in this guide for further information and cost estimate. July 14 through August 8 FILING OF NOMINATION PAPERS All completed nomination papers must be filed with the Registrar of Voters at 7000 65th Street, Suite A, Sacramento, not more than 113 nor less than 88 days before the date of 5:00 p.m. the election. If there are less than 25 valid signatures on the nomination petitions, the Registrar of Voters shall notify the candidate of that fact, and shall accept additional valid signatures at any time prior to the close of the period for circulating nomination petitions. WITHDRAWAL OF CANDIDATE Any candidate for the office of trustee of the American River Flood Control District must file, with his or her nomination petitions, a statement under oath setting forth his or her name, address, that he or she is a registered voter within the district and will not withdraw his or her name before the November 4, 2008 Election. 20
NOMINATION PROCESS FOR ARFCD (continued) DATE ACTIVITY SCHEDULE August 13 EXTENSION IF INCUMBENT DOES NOT FILE 5:00 p.m. If nomination papers for an incumbent trustee are not filed by 5:00 p.m. on the 88th day (August 8, 2008) before the election, any qualified person, other than the incumbent, has until 5:00 p.m. on the 83rd day (August 13, 2008) before the election to complete the filing for nomination. Refer to Filing Schedule SUBMITTAL OF CAMPAIGN DISCLOSURE STATEMENTS All candidates for public office are required to file campaign disclosure statements. Please refer to the Campaign Disclosure segment of this guide for further information November 28 TAKING OFFICE Elected officials and appointed officials shall take office at noon on the last Friday in November following the general election. PROCEDURE IF NO ELECTION If there is no election due to insufficient or no nominees, the Registrar of Voters shall inform the Governor, who shall appoint a qualified person who shall take office and serve exactly as if elected. Reference: California Water Code American River Flood Control District Act 320 3-6 (EC 10500-10556; excluding EC 10554) 21
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WRITE-IN CANDIDACY Every person who desires to be a write-in candidate and have his or her name written, on the ballot for a particular office shall file not later than 14 days before the election, which is October 21, 2008, for the General Election: 1. A statement of write-in candidacy which shall contain: *Candidate s name *Residence address *Declaration stating that he or she is a write-in candidate *Title of the office for which he or she is running *Date of Election 2. The required number of signatures on the nomination papers, if any, for that office. The statement and nomination papers shall be available on the 57th day prior to the election which is, September 8, 2008, for which the candidate is filing as a write-in candidate, and shall be delivered to the elections official responsible for the conduct of the election no later than the 14th day prior to the election, which is October 21, 2008. Signers of nomination petitions for a write-in candidate shall be voters in the district or political subdivision in which the candidate is to be voted on. In addition, if the candidate is seeking a party nomination for an office, the signers shall also be affiliated with the party whose nomination is sought. No fee or charge shall be required of a write-in candidate, except in the case of a city office. City offices require a $25.00 filing fee. (EC 8600-8605, 10228) Tallying of Write-In Votes Write-in votes will not be processed on election night, and there will be no reporting of write-in vote results on election night. Because of the complexities involved in tallying write-in votes, including manually checking for over votes and hand counting, the counting of write-in votes will be included as part of the official canvass, and will not ba available until completion of the canvass. Other Items of Interest Pertaining to Write-In Candidacy The California Administrative Code, Title 2, Division 7, Article 7, 20100-20105, specifies the requirements for the counting of write-in votes (e.g. misspelled or incomplete name, office not indicated, etc.). Rather than enumerating the requirements herein, a copy of the provisions will be provided upon request, to qualified write-in candidates. The use of pressure-sensitive stickers, glued stamps, or any other device not provided for in the voting procedures for the voting systems approved by the Secretary of State to indicate the name of the write-in candidate are not valid, and a name indicated by these methods shall not be counted. (EC 15342(c)) 23
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BALLOT DESIGNATION REGULATIONS The ballot designation is the word, or group of not more than 3 words, (except for ballot designations submitted pursuant to EC 13107(a)(3)), which will appear on the ballot under the candidate s name, designating the current principal profession, vocation or occupation of the candidate. Elective offices for Sacramento County will use the ballot designation regulations from the Secretary of State. The references to ballot designation worksheets pertain to candidates in elections for offices certified by the Secretary of State, i.e. Federal and State offices. The following regulations are included for your convenience, in their original format. In order to facilitate review of a candidates proposed ballot designation by Secretary of State pursuant to Elections Code 13107, the candidate, at the time of filing their proposed ballot designation must complete a ballot designation worksheet as required by Secretary of State. 25
SECRETARY OF STATE BALLOT DESIGNATION REGULATIONS Chapter 7. Ballot Designations 20710. General Provisions. (a) The regulatory purpose of this Chapter is to ensure the accurate designation of the candidate upon the ballot in order that an informed electorate may intelligently elect one of the candidates. (b) The Secretary of State shall, at all times, apply and interpret the provisions of Elections Code 13107 and the regulations included in this Chapter in a manner consistent with the regulatory purpose of this Chapter. (c) Candidates are not required to use a ballot designation pursuant to Elections Code 13107, subdivision (a), and may opt to leave the space for such a designation on the ballot blank. In order to notify the elections official as to whether he or she will use a ballot designation or will opt to leave the ballot designation space blank, the candidate must initial the appropriate box on the Declaration of Candidacy or otherwise so indicate on the Declaration of Candidacy. (d) Pursuant to Elections Code 13107, subdivision (a), a candidate may submit a proposed ballot designation pursuant to any one of the four provisions specified in Elections Code 13107, subdivision (a), subparts (1) through (4), applicable to that candidate. The candidate shall be free to select from which of the applicable four subparts he or she is submitting his or her proposed ballot designation. (e) The regulations set forth in this Chapter shall apply only to elections held for offices for which election returns are certified by the Secretary of State of the State of California. (f) Whenever, the word should is used in this Chapter, it is recommended, not mandatory. Note: Authority: Reference: Section 12172.5, Government Code Section 13107, Elections Code 20711. Ballot Designation Worksheet. (a) In order to facilitate review of a candidate s proposed ballot designation by the Secretary of State pursuant to Elections Code 13107, the candidate may submit, at the time of filing his or her proposed ballot designation on the Declaration of Candidacy, a completed Ballot Designation Worksheet on a form provided by the Secretary of State. (b) All Ballot Designation Worksheets filed with the Office of the Secretary of State or the county elections officials pursuant to this section shall be public records and shall be available for inspection and copy ing at the public counter of the Elections Division of the Office of the Secretary of State, Fifth Floor, 1500 11th Street, Sacramento, California 95814, or at the office of the applicable county elections official. (c) The Secretary of State shall provide a master copy or copies of the Ballot Designation Worksheet to all elections officials responsible for providing and accepting the nomination documents for candidates in elections for offices certified by the Secretary of State. The Ballot Designation Worksheet shall request that the candidate proposing the ballot designation provide the following information: 26
BALLOT DESIGNATION REGULATIONS (continued) (1) The candidate s name, home, business and mailing addresses, telephone numbers, e-mail address, if available, and FAX number; (2) A designation of the office for which the candidate is seeking election; (3) The name, home, business and mailing addresses, telephone numbers, e-mail address, if available, and FAX number of the attorney representing the candidate or for any other person to be contacted in the event the Secretary of State requires further information regarding the proposed ballot designation; (4) The proposed ballot designation submitted by the candidate; (5) At the option of the candidate, the candidate may submit one or more proposed alternate ballot designations ranked in order of the candidate s preference; (6) A brief statement identifying the factual basis upon which the candidate claims the proposed ballot designation and each proposed alternate ballot designation, including the following: (A) If the candidate holds elected office and is submitting his or her proposed ballot designation pursuant to Elections Code 13107, subdivisions (a)(1) or (a)(2), the candidate should indicate the elective office he or she currently occupies and may attach a copy of his or her Certificate of Election; (B) If the candidate is a judicial officer and is submitting his or her proposed ballot designation pursuant to Elections Code 13107, subdivisions (a)(1) or (a)(2), the candidate should indicate the elective office he or she currently holds and may attach either (A) a copy of his or her Certificate of Election or (B) a copy of his or her commission or certificate of appointment, issued at the time the candidate was appointed to the judicial office which he or she currently occupies; (C) If the candidate submits a ballot designation pursuant to Elections Code 13107, subdivisions (a)(3), the candidate should indicate: (I) The title of the position or positions which he or she claims supports the proposed ballot designation; (II) The dates during which the candidate held such position; (III) A description of the work he or she performs in the position; (IV) The name of the candidate s business or employer; (V) The name and telephone number of a person or persons who could verify such information; and (VI) A statement that the professions, vocations or occupations relied upon to support the proposed ballot designation constitute the primary, main or leading professions, vocations or occupations of the candidate, in accordance with the definition of the term principal as set forth at 20714, subdivision (b). (D) If the candidate submits a ballot designation pursuant to Elections Code 13107, subdivision (a)(4), the candidate should indicate the date on which he or she was appointed to the office for which he or she is an appointed incumbent. 27
BALLOT DESIGNATION REGULATIONS (continued) (d) The candidate may attach or append any supporting documents or other exhibits to his or her Ballot Designation Worksheet which he or she believes support his or her proposed ballot designation. Such attached documents or other exhibits shall be deemed to be incorporated by reference as part of the can didate s Ballot Designation Worksheet and shall be considered as such by the Secretary of State. Note: Authority: Reference: Section 12172.5, Government Code Section 13107, Elections Code 20712. Proposed Ballot Designations Submitted Pursuant to Elections Code 13107, Subdivision (a)(1). Proposed ballot designations submitted pursuant to Elections Code 13107, subdivision (a)(1), shall be subject to the following provisions: (a) In the case of candidates holding elective city, county, district, state, or federal office, the candidate s ballot designation shall be the elective office which the candidate holds at the time of filing the nomination documents. (b) In the case of judicial officers, the candidate s ballot designation shall be the elective office which the candidate holds at the time of filing the nomination documents. (c) There shall be no word count limitation applicable to ballot designations submitted pursuant to Elections Code 13107, subdivision (a)(1). (d) Proposed ballot designations indicating a position of legislative leadership, such as Majority Leader of the California Senate, Minority Leader of the California State Assembly, Speaker of the California State Assembly, President Pro Tempore of the California State Senate, and the like, are not elective offices described in Elections Code 13107, subdivision (a)(1). Such ballot designations are improper, pursuant to Elections Code 13107, subdivision (a)(1). They may, however, be considered under the provisions of 13107 (a)(3). (e) Proposed ballot designations indicating that the candidate is a member of the state or county central committee of a political party, or an officer of a state or county central committee of a political party, are improper, as such positions do not constitute elective county or state offices as specified in Elections Code 13107, subdivision (a)(1). Note: Authority: Reference: Section 12172.5, Government Code Section 13107, Elections Code 28
BALLOT DESIGNATION REGULATIONS (continued) 20713. Proposed Ballot Designations Submitted Pursuant to Elections Code 13107, Subdivision (a)(2). Proposed ballot designations submitted pursuant to Elections Code 13107, subdivision (a)(2), shall be subject to the following provisions: (a) A proposed ballot designation submitted pursuant to Elections Code 13107, subdivision (a)(2), is limited incumbent, as that term is defined in Elections Code 13107, Subdivision (a)(2). (b) The term incumbent must be used as a noun. It shall not be used in conjunction with any other words, including any accompanying adjectives or modifiers, and must stand alone. A candidate qualified to use this designation pursuant to Elections Code 13107, subdivision (a)(2), shall be entitled to use the ballot designation Incumbent. (c) The word incumbent" is strictly limited for use in ballot designations submitted pursuant to Elections Code 13107, subdivision (a)(2), and may not be used as an adjective in any other ballot designation. Note: Authority: Section 12172.5, Government Code Reference: Section 13107, Elections Code 20714. Proposed Ballot Designations Submitted Pursuant to Elections Code 13107, Subdivision (a)(3). Proposed ballot designations submitted pursuant to Elections Code 13107, subdivision (a)(3), shall be subject to the following provisions: (a) The terms profession, vocation, or occupation, as those terms are used in Elections Code 13107, subdivision (a)(3), are defined as follows: (1) Profession means a field of employment requiring special education or skill and requiring specific knowledge of a particular discipline of learning or science. The labor and skill involved in a profession is predominantly mental or intellectual, rather than physical or manual. Recognized professions generally include, but are not limited to, law, medicine, education, engineering, accountancy, and journalism. Examples of an acceptable designation of a profession, as defined in Elections Code 13107, subdivision (a)(3), include, but are not limited to, attorney, physician, accountant, architect, and teacher. (2) Vocation means a trade, a religious calling, or the work upon which a person, in most but not all cases, relies for his or her livelihood and spends a major portion of his or her time. As defined, vocations may include, but are not limited to, religious ministry, child rearing, homemaking, elderly and dependent care, and engaging in trades such as carpentry, cabinet making, plumbing, and the like. Examples of an acceptable designation of a vocation, as defined in Elections Code 13107, subdivision (a)(3), include, but are not limited to, minister, priest, mother, father, homemaker, dependent care provider, carpenter, plumber, electrician, and cabinetmaker. (3) Occupation means the employment in which one regularly engages or follows as the means of making a livelihood. Examples of an acceptable designation of an occupation, as defined in Elections Code 13107, subdivision (a)(3), include, but are not limited to, rancher, restaurateur, retail salesperson, manual laborer, construction worker, computer manufacturing executive, military pilot, secretary, and police officer. 29
BALLOT DESIGNATION REGULATIONS (continued) (b) Principal, as that term is used in Elections Code 13107, subdivision (a)(3), means a substantial involvement of time and effort such that the activity is one of the primary, main or leading professional, vocational or occupational endeavors of the candidate. The term principal precludes any activity which does not entail a significant involvement on the part of the candidate. Involvement which is only nominal, pro forma, or titular in character does not meet the requirements of the statute. (1) If a candidate is licensed by the State of California to engage in a profession, vocation or occupation, the candidate is entitled to consider it one of his or her principal professions, vocations or occupations if (I) the candidate has maintained his or her license current as of the date he or she filed his or her nomination documents by complying with all applicable requirements of the respective licensure, including the payment of all applicable license fees and (II) the status of the candidate s license is active at the time he or she filed his or her nomination documents. (2) A candidate who holds a professional, vocational or occupational license issued by the State of California may not claim such profession, vocation or occupation as one of his or her principal professions, vocations or occupations if (I) the candidate s licensure status is inactive at the time the candidate files his or her nomination documents, or (II) the candidate s license has been suspended or revoked by the agency issuing the license at the time the candidate files his or her nomination documents. (c) In order for a ballot designation submitted pursuant to Elections Code 13107, subdivision (a)(3), to be deemed acceptable by the Secretary of State, it must accurately state the candidate s principal professions, vocations or occupations, as those terms are defined in subdivisions (a) and (b) herein. Each proposed principal profession, vocation or occupation submitted by the candidate must be factually accurate, descriptive of the candidate s principal profession, vocation or occupation, must be neither confusing nor misleading, and must be in full and complete compliance with Elections Code 13107 and the regulations included in this Chapter. (d) If the candidate is engaged in a profession, vocation or occupation at the time he or she files his or her nomination documents, the candidate s proposed ballot designation is entitled to consist of the candidate s current principal professions, vocations and occupations. In the event the candidate does not have a current principal profession, vocation or occupation at the time he or she files his or her nomination documents, the candidate may use a ballot designation consisting of his or her principal professions, vocations or occupations, which the candidate was principally engaged in during the calendar year immediately preceding the filing of the candidate s nomination papers. (e) A candidate may engage in multiple principal professions, vocations or occupations. Accordingly, the candidate may designate multiple principal professions, vocations or occupations. If a candidate proposes a ballot designation including multiple principal professions, vocations or occupations, the proposed ballot designation must comply with the following provisions: (1) The proposed ballot designation must comply with the three word limitation specified in Elections Code 13107, subdivision (a)(3), and as implemented pursuant to subdivision (f) herein. (2) Each such proposed profession, vocation or occupation shall be separately considered by the Secretary of State and must independently qualify as a principal profession, vocation or occupation, as that term is defined pursuant to subdivision (b) herein. 30
BALLOT DESIGNATION REGULATIONS (continued) (3) When multiple professions, vocations or occupations are proposed as a ballot designation, they shall be separated by a slash ( / ). An example of an acceptable designation would be Legislator/Rancher/Physician. (f) Pursuant to Elections Code 13107, subdivision (a)(3), the candidate s ballot designation shall be limited to not more than three (3) words. The following rules shall govern the application of the three word limitation: (1) The proposed ballot designation shall be grammatically correct, generic, and all words must be spelled correctly. (2) Punctuation shall be limited to the use of a comma (e.g., District Attorney, Los Angeles County) and a slash (e.g., Legislator/Rancher/Physician), pursuant to subdivision (e) of this section. A hyphen may be used if, and only if, the use of a hyphen is called for in the spelling of a word as it appears in a standard reference dictionary of the English language. (3) All California geographical names shall be considered to be one word and shall be limited to the names of cities, counties and states. The names of special districts and political subdivisions are not geo graphical names as that term is used in Elections Code 13107, subdivision (a)(3). If the candidate desires, the geographical names as used in the form of City of, County of are considered to be one word. Examples of geographical names considered to be one word include Tehama County, Los Angeles County and County of Sacramento. (4) An acronym shall be counted as one word. Note: Authority: Reference: Section 12172.5, Government Code Section 13107, Elections Code 20715. Proposed Ballot Designations Submitted Pursuant to Elections Code 13107, Subdivision (a)(4). (a) Pursuant to Elections Code 13107, subdivision (a)(4), a candidate may propose a ballot designation consisting of the phrase appointed incumbent if the candidate holds an office, other than a judicial office, by virtue of appointment, and the candidate is a candidate for election to the same office. The candidate may not use the unmodified word incumbent or any words designating the office unmodified by the word appointed. (b) Pursuant to Elections Code 13107, subdivision (a)(4), a candidate may propose a ballot designation consisting of the word appointed in conjunction with the elective office, if the candidate is a candidate for election to the same office or to some other office. The candidate may not use any words designating the office unmodified by the word appointed. (c) There shall be no word count limitation applicable to ballot designations submitted pursuant to Elections Code 13107, subdivision (a)(4). Note: Authority: Reference: Section 12172.5, Government Code Section 13107, Elections Code 31
BALLOT DESIGNATION REGULATIONS (continued) 20716. Unacceptable Ballot Designations. (a) The Secretary of State shall reject as unacceptable any proposed ballot designation which fails to comply with, or is otherwise inappropriate pursuant to Elections Code 13107, subdivision (a); is prohibited pursuant to Elections Code 13107, subdivision (b); is misleading; or is otherwise improper pursuant to the regulations set forth in this Chapter. (b) The following types of activities are distinguished from professions, vocations and occupations and are not acceptable as ballot designations pursuant to Elections Code 13107, subdivision (a)(3): (1) Avocations: An avocation is a casual or occasional activity, diversion or hobby pursued principally for enjoyment and in addition to the candidate s principal profession, vocation or occupation. Avocations may include, but are not limited to, hobbies, social activities, volunteer work, and matters pursued as an amateur. (2) Pro Forma Professions, Vocations and Occupations: Pro forma professions, vocations or occupations are positions held by the candidate which consume little or none of the candidate s time and which, by their nature, are voluntary or for which the candidate is not compensated. Pro forma professions, vocations and occupations may include, but are not limited to, such pursuits as honorary peace officer, volunteer firefighter, honorary chairperson, honorary professor, goodwill ambassador, official host or hostess and the like. (3) Statuses: A status is a state, condition, social position or legal relation of the candidate to another Person, persons, or the community as a whole. A status is generic in nature and generally fails to identify with any particular specificity the manner by which the candidate earns his or her livelihood or spends the substantial majority of his or her time. Examples of a status include, but are not limited to, philanthropist, activist, patriot, taxpayer, concerned citizen, husband, wife, and the like. (c) Pursuant to Elections Code 13107, subdivision (b)(1), the Secretary of State shall reject as unaccept able any proposed ballot designation which would mislead voters. In making this determination, the Secretary of State shall determine whether there is a substantial likelihood that a reasonably prudent voter would be misled as to the candidate's principal profession, vocation or occupation by the candidate s proposed ballot designation. The determination shall take into account the plain meaning of the words constituting the proposed ballot designation and the factual accuracy of the proposed ballot designation based upon supporting documents or other evidence submitted by the candidate in support of the proposed ballot designation, pursuant to 20711 and 20717 of this Chapter. (d) A ballot designation may not comprise or include commercial identification information, such as a trademark, service mark, trade name, or the specific name of a business, partnership, corporation, company, foundation, or organization. Examples of an improper use of commercial identification information include, but are not limited to, Acme Company President, Universal Widget Inventor, Director, Smith Foundation, UCLA Professor, and the like. (e) Pursuant to Elections Code 13107, subdivision (b)(2), the Secretary of State shall reject as unaccept able any proposed ballot designation which would suggest an evaluation of the candidate s qualification, honesty, integrity, leadership abilities or character. Any laudatory or derogatory adjectives which would suggest an evaluation of the candidate s qualifications shall not be permitted. Such impermissible adjectives include, but are not limited to, outstanding, leading, expert, virtuous, eminent, best, exalted, prominent, famous, respected, honored, honest, dishonest, corrupt, lazy, and the like. 32
BALLOT DESIGNATION REGULATIONS (continued) (f) Pursuant to Elections Code 13107, subdivision (b)(3), the Secretary of State shall reject as unacceptable any proposed ballot designation which abbreviates the word retired or places it following any word or words which it modifies. Examples of impermissible designations include Ret. Army General, Major USAF, Retired and City Attorney, Retired. (g) Pursuant to Elections Code 13107, subdivision (b)(4), the Secretary of State shall reject as unacceptable any proposed ballot designation which uses a word or prefix to indicate a prior profession, vocation, occupation or elected, appointed or judicial office previously held by the candidate. Such impermissible words or prefixes include, but are not limited to, Ex-, former, past, and erst while. Examples of impermissible designations include Former Congressman, Ex-Senator, and Former Educator. (h) Subject to the provisions of Elections Code 13107, subdivision (b)(4), use of the word retired in a ballot designation is generally limited for use by individuals who have permanently given up their chosen principal profession, vocation or occupation. In evaluating a proposed ballot designation including the word retired, the Secretary of State will consider the following factors in making a determination as to the propriety of the use of the term retired : (1) Prior to retiring from his or her principal profession, vocational or occupation, the candidate worked in such profession, vocation or occupation for more then 5 years; (2) The candidate is collecting, or eligible to collect, retirement benefits or other type of vested pension; (3) The candidate has reached at least the age of 55 years; (4) The candidate voluntarily left his or her last professional, vocational or occupational position; (5) If the candidate is requesting a ballot designation indicating that he or she is a retired public official, the candidate must have previously voluntarily retired from public office, not have been involuntarily removed from office, not have been recalled by voters, and not have surrendered the office to seek another office or failed to win reelection to the office; (6) The candidate has not had another more recent, intervening principal profession, vocation or occupation; and, (7) The candidate s retirement benefits are providing him or her with a principal source of income. (i) Pursuant to Elections Code 13107, subdivision (b)(5), the Secretary of State shall reject as unaccept able any proposed ballot designation which uses the name of any political party, whether or not it has qualified for recognized ballot status. (j) Pursuant to Elections Code 13107, subdivision (b)(6), the Secretary of State shall reject as unaccept able any proposed ballot designation which uses a word or words referring to a racial, religious, or ethnic group. 33
BALLOT DESIGNATION REGULATIONS (continued) (1) The Secretary of State shall reject as unacceptable any ballot designation which expressly contains or implies any ethnic or racial slurs or ethnically or racially derogatory language. (2) If the candidate is a member of the clergy, the candidate may not make reference to his or her specific denomination. However, the candidate may use his or her clerical title as a ballot designation (e.g., Rabbi, Pastor, Minister, Priest, Bishop, Deacon, Monk, Nun, Imam, etc.) (k) Pursuant to Elections Code 13107, subdivision (b)(6), the Secretary of State shall reject as unaccept able any proposed ballot designation which refers to any activity prohibited by law. Unlawful activity includes any activities, conduct, professions, vocations, or occupations prohibited by state or federal law. Note: Authority: Reference: Section 12172.5, Government Code Section 13107, Elections Code 20717. Requests for Supporting Documentation. In addition to the Ballot Designation Worksheet requested to be filed with the Secretary of State pursuant to 20711 of this Chapter, the Secretary of State may request that a candidate submit additional supporting documentation or other evidence to support the proposed ballot designation. (a) Time is of the essence regarding all matters pertaining to the review of proposed ballot designations submitted by candidates for public office. Failure to promptly submit requested supporting materials will preclude consideration of such materials and the rendering of a summary, final decision on the candidate s proposed ballot designation. (b) The Secretary of State will communicate, whenever possible, with the candidate in the most expeditious manner, including, but not limited to, telephone, facsimile transmission and electronic mail at the number or address provided by the candidate. When the candidate does not have reasonable access to a facsimile machine or electronic mail, the Secretary of State will transmit written communication to the candidate by means of overnight express delivery to the address provided by the candidate. (c) The candidate shall have the burden of establishing that the proposed ballot designation that he or she has submitted is accurate and complies with all provisions of Elections Code 13107 and this Chapter. Note: Authority: Reference: Section 12172.5, Government Code Section 13107, Elections Code 20718. Communication of Decisions Regarding Ballot Designations. (a) An official copy of the decision of the Secretary of State regarding a candidate s ballot designation will be made in writing and transmitted directly to the candidate by registered or certified mail, return receipt requested, to the address provided by the candidate. The Secretary of State shall also provide a copy to the elections official in the candidate s county of residence and to the elections official of each county within the political subdivision. Copies may also be made available to all other candidates in the race. 34
BALLOT DESIGNATION REGULATIONS (continued) (b) At the request of the candidate, the Secretary of State will transmit an unofficial copy of the decision of the Secretary of State regarding the candidate s proposed ballot designation by facsimile transmission sent to the facsimile number listed on the candidate s Ballot Designation Worksheet. When the candidate does not have reasonable access to a facsimile machine, the Secretary of State will transmit to the candidate, at the candidate s request, an unofficial copy of the decision by means of overnight express delivery to the address listed on the candidate s Ballot Designation Worksheet provided. If the candidate has not submitted a Ballot Designation Worksheet, the Secretary of State will transmit an official copy to the facsimile number provided by the candidate or, if the candidate does not have reasonable access to a facsimile machine, by overnight ress mail to the address provided by the candidate. (c) All written decisions of the Secretary of State regarding ballot designations are public records and are available for inspection and copying at the public counter of the Elections Division of the Office of the Secretary of State, 1500 11th Street, Fifth Floor, Sacramento, California 95814. Note: Authority: Reference: Section 12172.5, Government Code Section 13107, Elections Code 20719. Service of Legal Process Regarding Ballot Designations. (a) In the event a candidate or other interested party files a petition for the issuance of an extraordinary writ with the court or other legal action pertaining to a candidate s ballot designation, the summons and any other legal process should be served upon the Chief Counsel to the Secretary of State, Legal Affairs Unit, Executive Office of the Secretary, 1500 11th Street, Sixth Floor, Sacramento, California 95814. The Chief Counsel may designate a Deputy Secretary of State in the Legal Affairs Unit to accept service of process on behalf of the Secretary of State. (b) Telephone notice pertaining to any ex parte applications filed with the court by any candidate or other interested party should be directed to the attention of the Chief Counsel to the Secretary of State at (916) 653-7244. Counsel for all parties to such ex parte matters are admonished that waivers of the Secretary of State s right to timely notice and the right to personally appear at the ex parte hearing will be granted in writing and only in limited instances. (c) The Secretary of State shall provide a copy of any legal actions in subdivision (a) or (b) above to the elections official in the county of the candidate s residence and any other county in the district. Note: Authority: Reference: Section 12172.5, Government Code Section 13107, Elections Code 35
PLACEMENT OF NAMES ON THE BALLOT The order in which candidates names shall be placed on the ballot is specified in Elections Code 13111 and 13112. Elections Code 13109 specifies the order of precedence of offices on the ballot. Randomized Alphabet Drawing At 11:00 a.m. on the 82nd day (August 14, 2008), before the election the Secretary of State s office, by the random pulling of each letter of the alphabet according to the procedure specified in Elections Code 13112(a), compiles a randomized alphabet. The randomized alphabet is used in the same manner as the conventional alphabet in determining the order of all candidates names in all elections. It is utilized statewide for the placement of names on the ballot, except as otherwise specified. 36
CANDIDATE S STATEMENT Each candidate for nonpartisan elective office may prepare an optional candidate s statement on or attached to the form provided by the Registrar of Voters. The candidate s statement is designed to acquaint voters with a candidate s qualifications for the office he or she is seeking. The candidate s statement is incorporated into the Sample Official Ballot Pamphlet, and will be mailed to all registered voters eligible to vote for that particular candidate. If a candidate is running for an office where the district extends into another county and the candidate wishes to have their candidate statement printed in that county, it is the candidate s responsibility to contact each county for information regarding the filing and payment for a candidate statement. Time Period The filing period for candidacy is July 14, 2008 through August 8, 2008, at 5:00 for filing: p.m. The filing period will be extended (for any qualified person, other than the incumbent) to August 13, 2008, at 5:00 p.m., if the incumbent does not file. ALL PAPERWORK (NOMINATION PAPERS) MUST FILED AT ONE TIME. THE CANDIDATE S STATEMENT MUST BE FILED WITH THE DECLARATION OF CANDIDACY. Where: Sacramento County Voter Registration and Elections 7000 65th Street, Suite A Sacramento, CA 95823 Candidates for city offices file all documents, including the candidate s statement, with the appropriate City Clerk. Contents: The statement may contain the name, age and occupation of the candidate and a brief description of no more the 200 words (unless otherwise indicated) of the candidate s education and qualifications expressed by the candidate. The occupation listed in this location does not have the same restrictions, as does the ballot designation. The spacing for the statement is to be uniform and conform to the guidelines provided. Statements not in compliance with the guidelines will be rejected. Restrictions: The candidate s statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. Candidate photographs are not permitted. Candidate statements are not to refer to opponents in any manner. If a candidate does make reference to anything other than his or her own qualifications, he or she could be subject to legal action. (See John F. Dean v Superior Court of Orange County, Court of Appeals, Fourth District, Division 3, California No. G023111) 37
CANDIDATE S STATEMENT (continued) Withdrawal: The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next business day after the close of the nomination period. Any request for withdrawal of a candidate s statement must be in writing and signed by the candidate. Permission: If you use someone else s name in your statement, you must file with your statement, a letter from them stating that they are giving you permission to use their name in this manner. Letters must be signed and dated. Endorsements: If your statement contains endorsements, you must file with your statement, written authorization from the person(s) giving you the endorsement. Letters must be signed and dated. Confidentiality of Statements: Notwithstanding any other provisions of law, candidates statements filed pursuant to Elections Code 13307 shall remain confidential until the close of the nomination period for the office sought. (EC 13311) Public Examination: After the close of the nomination period, anyone may examine any candidate s statement and may purchase copies. During a 10-calendar-day period commencing the day after the close of the nomination period, any voter of the jurisdiction in which the election is being held or the county elections official may seek a writ of mandate or an injunction requiring any or all of the material in a candidate s statement to be amended or deleted. (EC 13313-13314) Cost: Because of the many unknown factors involved in printing, handling, mailing and the number of candidates filing statements, it is difficult to determine, prior to the election, the exact cost to each candidate who avails himself or herself of this service. The cost estimates provided are based upon historical data and a projection of statistics available approximately 6 months prior to the election. Advance Payment As provided in Elections Code 13307, the County of Sacramento has adopted the following policy regarding Sacramento County offices: Limit candidate statements to not more than 200 words. (EC 13307(a)) The Registrar of Voters shall estimate the total prorated cost of printing, translation, handling and mailing the candidate statements, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended. (EC 13307(c)) Each candidate for a Sacramento County office, including judicial offices, is required to pay in advance the estimated cost of having his or her statement included in the Sample Official Ballot Pamphlet. (EC 13307(c)) In the event of overpayment of actual costs, the Registrar of Voters shall refund any excess to the candidate. In the event of underpayment, the candidate shall be billed and required to pay the additional costs upon receipt of the billing. (EC 13307(c)) 38
CANDIDATE S STATEMENT (continued) Preparation of the Candidate s Statement Candidates must prepare their statements as follows: 1. All statements must be submitted on or attached to the candidate statement form provided. Sacramento County Elections encourages you to submit your printed candidate statement along with an electronic format in case you need to make changes. A. If the statement is prepared on a separate piece of paper, attach the paper to the candidate statement form provided. Be sure to adhere to the following: hthe top and bottom portions of the form must be completed in full. hcheck the box provided on the form for a supplemental page. hany supplemental page(s) must bear the signature of the candidate. hany supplemental page(s) must be numbered (for example 1 of 1 for a single page, or 1 of 2 and 2 of 2 for two pages). 2. Statements are to be: *Typewritten *In a block paragraph style *Written in the first person (e.g., I am running not She is running or Jane Doe is running ) and shall be limited to a recitation of the candidate s own personal background and qualifications. (EC 13307(a)(1)) Statements must be confined to the maximum number of words, the maximum lines allowed and the maximum character positions in a line. Blank lines are included in the line maximum count and punctuation marks and spaces included in the character position maximum count. A 200- word statement has a maximum of 20 lines with not more than 78 character positions per line. No more than 5 paragraphs per statement is permitted. FOLLOW THESE GUIDELINES! STATEMENTS MUST BE IN PARAGRAPH FORMAT! ALL PARAGRAPHS MUST BE SEPARATED BY A BLANK LINE. ALL PARAGRAPHS NOT SEP- ARATED BY A BLANK LINE WILL BE COMBINED. 3. Check statement for errors in spelling, punctuation and grammar. No responsibility or liability is assumed by Sacramento County Elections for errors in spelling, punctuation or grammar, etc.; the statement is entirely the candidate s responsibility. 4. Do not use: h Bullets h Stars h Italics h Tables h Underlines h Lists hboldface type hmaterial requiring indentation hall capital letters hmultiple punctuation (some examples would be... or - or!!!! ) (This list is not all inclusive.) 39
CANDIDATE S STATEMENT (continued) Statements that are not in compliance will be reformatted and set in uniform type by the candidate. The elections official bears no responsibility for the correct typesetting of statements that must be reformatted under these circumstances. 5. Count the words in your statement. The total count must not exceed 200 words (unless otherwise indicated). The guidelines below will help you in the counting of the words. 6. Do not include any party affiliation. 7. Do not include membership or activity in partisan political organizations. 8. Statements for judicial offices shall not in any way make reference to other candidates for judicial office or to another candidate s qualifications, character or activities. (EC 13308) 9. Notwithstanding the aforementioned guidelines, nothing should be deemed to make any statement or author thereof free or exempt from any civil or criminal action or penalty because of any false, slanderous or libelous statements offered for printing. The format of your statement may need to be changed by the Campaign Services Manager to accommodate printing requirements of the Sample Official Ballot Pamphlet. Challenge of Contents Candidates statements are available for viewing after the deadline for filing has passed. There is then a 10 calendar day public examination period whereby the documents may be reviewed and copies obtained (for a copy fee). Also, during this 10 calendar day public examination period, any voter of the affected jurisdiction or the county elections official, may take legal action to challenge the contents of any candidate s statement pursuant to Elections Code 13313. Elections Code 18351 provides that any candidate for a local nonpartisan office in an election who prepares a candidate s statement and knowingly makes a false statement of a material fact with the intent to mislead the voters is punishable by a fine not to exceed $1,000. Guidelines for Counting the Number of Words Listed below are the guidelines specified in Elections Code 9 for counting the number of words submitted on any document (such as the candidate s statement) whose content is limited by statute: 1. Punctuation is not counted. 2. Each word shall be counted as one (1) word except as specified in this section. 3. All geographical names shall be considered as one (1) word; for example, City and County of San Francisco shall be counted as one (1) word. 40
CANDIDATE S STATEMENT (continued) 4. Each abbreviation for a word, phrase or expression shall be counted as one (1) word. 5. Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word. 6. Dates consisting of a combination of words and digits shall be counted as two words. Dates consisting only of a combination of digits shall be counted as one word. 7. Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as one shall be considered as a separate word or words. One shall be counted as one word whereas one hundred shall be counted as two words. 100 shall be counted as one word. 8. Telephone numbers shall be counted as one word. 9. Internet web site addresses shall be counted as one word. This section shall not apply to counting words for ballot designations under Elections Code 13107. Nonpartisan Runoff Candidates Statements November 4, 2008 General Election (Applicable to runoff candidates for Member, Board of Supervisors, countywide offices and Judge of the Superior Court.) After certification of the June 3, 2008 Primary Election results, any nonpartisan runoff candidates required to appear on the November ballot will have been notified in writing and provided with a cost estimate for a candidate s statement for the November General Election. Those candidates who will appear on the ballot in a runoff election on November 4, 2008 may: 1. Utilize the same candidate s statement as was printed for the June Primary Election; or 2. Submit a new candidate s statement for inclusion in the November 4, 2008 Sample Official Ballot Pamphlet; or 3. Not utilize any statement for the runoff election. Any such statement is required to be filed with the Registrar of Voters not later than 5:00 p.m. on August 8, 2008. Advance payment for estimated costs for inclusion of the candidate s statement in the November 4, 2008 Sample Official Ballot Pamphlet will also be required by 5:00 p.m. on August 8, 2008 whether or not you are utilizing the same candidate s statement or filing a new candidate s statement. 41
CANDIDATE S STATEMENT (continued) 42
CANDIDATE S STATEMENT COST ESTIMATE NOVEMBER 4, 2008 GENERAL ELECTION The Elections Code specifies that candidates for nonpartisan elective office in any local agency, including any city, county, city and county or district, may prepare and submit (on a form provided by the Registrar of Voters) an optional candidate s statement to be included in the Sample Official Ballot Pamphlet. The estimates quoted below are based on a 200 word statement, (unless otherwise indicated). Costs may vary depending upon the number of ballot types in the district, the number of pages in the various sample ballots, and the number of registered voters who will be receiving the various ballot types. The actual costs may vary significantly from the estimated costs because of these variables. Sacramento County imposes a $42.00 service fee on checks returned by the bank as non-payable. Also, non-payable instruments cancel any official action or filing, and the non-payable instrument may be considered a lien. When prepayment is required at the district office for a candidate statement, the candidate shall bring their receipt at the time of filing their statement. The receipt will be photocopied and returned to the candidate. If the District is located in more than one county, it is the candidate s responsibility to contact each county for information regarding the filing and payment for a candidate statement. SACRAMENTO COUNTY NO LONGER ACCEPTS FILING OF CANDIDATE STATEMENTS IN SURROUNDING COUNTIES. IF YOUR DISTRICT EXTENDS INTO ANOTHER COUNTY AND YOU WISH TO HAVE YOUR STATEMENT PRINTED IN THAT COUNTY, IT IS YOUR RESPONSIBILITY TO CONTACT THEM AND SUBMIT IT DIRECTLY BY THE DEADLINE. It is the responsibility of the candidate prior to filing for more than one district office at the same election to contact the legal counsel of said districts for any conflict of interests. COST ESTIMATE JURISDICTION (200 word statement unless otherwise indicated) COMMENTS COUNTY BOARD OF EDUCATION Placer County Board of Education Area 1* $200.00 Prepayment required at the district office. *Area 1 extends into Placer County. Contact Placer County Elections for fees and requirements. 43
CANDIDATE S STATEMENT - COST ESTIMATE (continued) COMMUNITY COLLEGE DISTRICT JURISDICTION COST ESTIMATE (200 word statement unless otherwise indicated) COMMENTS Los Rios Area 3* Area 4* Area 5 Area 7 $800.00 $850.00 $1,350.00 $1,650.00 Prepayment required at the district office *Area 3 extends into El Dorado County. *Area 4 extends into Solano and Yolo Counties. Please contact the appropriate counties for fees and requirements. San Joaquin Delta Area 1* Area 2* Area 5* Area 6* $300.00 Prepayment required at the district office. *Area 1 and 2 is in San Joaquin County only. Area 5 is shared by San Joaquin, Calaveras, Sacramento and Solano Counties. *Area 6 is in San Joaquin and Alameda County only. Please contact the appropriate county for fees and requirements. Sierra Joint Area 3* Area 4* Area 7* $350.00 Prepayment required at the district office. *Area 3 is shared with Placer County. *Area 4 is in Placer County only. *Area 7 is in Placer and Nevada County only. Please contact the appropriate county for fees and requirements. 44
CANDIDATE S STATEMENT - COST ESTIMATE (continued) SCHOOL DISTRICTS COST ESTIMATE JURISDICTION (200 word statement unless otherwise indicated) COMMENTS Prepayment required at the district office Center Unified* $250.00 *This district extends into Placer County. Contact Placer County Elections for fees and requirements. Elk Grove Unified $1,900.00 Folsom Cordova Unified $900.00 Prepayment required at the district office. Prepayment required at the district office. Prepayment required at the River Delta Unified Area 1* Area 2 Area 4 $100.00 district office *Area 1 is in Solano County only. This district extends into Solano and Yolo Counties. Contact the appropriate county for fees and requirements. Sacramento City Unified Area 3 Area 4 Area 5 Area 7 $450.00 $300.00 $300.00 $300.00 Prepayment required at the district office. San Juan Unified $2,700.00 Prepayment required at the district office. Natomas Unified $450.00 Prepayment required at the district office. Prepayment required at the district office Galt Joint Union High* $300.00 *This district extends into San Joaquin County. Contact San Joaquin County Elections for fees and requirements. Prepayment required at the Roseville Joint Union High* $200.00 district office *This district extends into Placer County. Contact Placer County Elections for fees and requirements. 45
CANDIDATE S STATEMENT - COST ESTIMATE (continued) SCHOOL DISTRICTS (continued) COST ESTIMATE JURISDICTION (200 word statement unless otherwise indicated) COMMENTS Arcohe Union $100.00 Prepayment required at the district office. Prepayment required at the district office Dry Creek Joint* $200.00 *This district extends into Placer County. Contact Placer County Elections for fees and requirements. Prepayment required at the district office Elverta Joint* $100.00 *This district extends into Placer County. Contact Placer County Elections for fees and requirements. Galt Joint Union $250.00 Prepayment required at the district office *This district extends into San Elementary* Joaquin County. Contact San Joaquin County Elections for fees and requirements. Robla $150.00 Prepayment required at the district office. CITIES JURISDICTION COST ESTIMATE (200 word statement unless otherwise indicated) COMMENTS City of Citrus Heights $700.00 Prepayment required at the City Clerk s office City of Elk Grove $1,050.00 City of Folsom $600.00 City of Galt $200.00 Prepayment required at the City Clerk s office Prepayment required at the City Clerk s office Prepayment required at the City Clerk s office City of Isleton $100.00 City of Rancho Cordova $450.00 Prepayment required at the City Clerk s office City pays for candidate statement 46
CANDIDATE S STATEMENT - COST ESTIMATE (continued) MUNICIPAL UTILITY DISTRICT COST ESTIMATE JURISDICTION (200 word statement unless otherwise indicated) COMMENTS Sacramento Municipal Utility District Ward 1* Ward 2* Ward 5 $1,450.00 $1,600.00 $1,350.00 Prepayment required at the district office. *Wards 1 and 2 extend into Placer County. Contact Placer County Elections for fees and requirements. COMMUNITY SERVICES DISTRICTS JURISDICTION COST ESTIMATE (200 word statement unless otherwise indicated) COMMENTS Cosumnes $1,250.00 Rancho Murieta $150.00 Prepayment required at the district office Candidates will be billed by the district Prepayment required at the district office. San Juan Water* $1,150.00 *This district extends into Placer County. Contact Placer County Elections for fees and requirements. RESOURCE CONSERVATION DISTRICT COST ESTIMATE JURISDICTION (200 word statement unless otherwise indicated) COMMENTS Florin $1,800.00 Prepayment required at the district office IRRIGATION DISTRICTS JURISDICTION COST ESTIMATE (200 word statement unless otherwise indicated) COMMENTS Carmichael Water $400.00 Prepayment required at the district office Prepayment required at the Citrus Heights Water Division 1 $550.00 district office. *This district extends into Placer County. Contact Placer County Elections for fees and requirements. Fair Oaks Water $450.00 Prepayment required at the district office Galt Irrigation $150.00 District pays 47
CANDIDATE S STATEMENT - COST ESTIMATE (continued) FIRE PROTECTION DISTRICTS COST ESTIMATE JURISDICTION (200 word statement unless otherwise indicated) COMMENTS Courtland $100.00 Delta $100.00 Herald $100.00 Pacific Fruitridge $250.00 River Delta $100.00 Candidates will be billed by the district Candidates will be billed by the district Prepayment required at the district office Candidates will be billed by the district Candidates will be billed by the district Sacramento Metropolitan Division 2 Division 4 Division 5 Division 6 Division 8 $550.00 $500.00 $650.00 $600.00 $650.00 Prepayment required at the district office Walnut Grove $100.00 District pays Wilton $150.00 Prepayment required at the district office FLOOD CONTROL DISTRICT JURISDICTION COST ESTIMATE (200 word statement unless otherwise indicated) COMMENTS American River $1,400.00 Prepayment required at the district office WATER DISTRICTS (RESIDENT) JURISDICTION COST ESTIMATE (200 word statement unless otherwise indicated) COMMENTS Del Paso Manor $150.00 Florin County $150.00 Prepayment required at the district office Prepayment required at the district office Rio Linda/Elverta Community $200.00 Prepayment required at the district office Sacramento Suburban Division 1 Division 2 $300.00 $300.00 Prepayment required at the district office 48
CANDIDATE S STATEMENT - COST ESTIMATE (continued) RECREATION AND PARK DISTRICTS COST ESTIMATE JURISDICTION (200 word statement unless otherwise indicated) COMMENTS Arcade Creek $200.00 Arden Manor $150.00 Arden Park $150.00 Candidates will be billed by the district Prepayment required at the district office Prepayment required at the district office Cordova $850.00 District Pays Fair Oaks $400.00 Fulton-El Camino $250.00 North Highlands $300.00 Orangevale $350.00 Rio Linda-Elverta $250.00 Prepayment required at the district office Prepayment required at the district office Prepayment required at the district office Prepayment required at the district office Prepayment required at the district office Southgate Division 2 Division 5 $200.00 $300.00 Prepayment required at the district office Provision in Law for Indigent Candidates Waiver of Advance Payment When advance payment is required for an optional candidate s statement but the candidate alleges to be indigent and unable to pay in advance the requisite estimated costs, the candidate shall submit to the Registrar of Voters a statement of financial worth to be used in determining whether or not he or she is eligible to submit a candidate s statement without advance payment. The statement of financial worth shall be submitted by the candidate together with his or her candidate s statement at the same time nomination papers are filed. Statement of Financial Worth forms are available at Voter Registration and Elections and will be furnished upon request. Necessary data requested includes candidate s employer, income, real estate holdings, tangible personal property and financial obligations. The candidate is to certify the contents of the statement as to its truth and correctness under penalty of perjury. The candidate shall also agree to release his or her most recent income tax return. If it is determined that the candidate is not indigent, the candidate shall, within three days of notification, pay the requisite estimated cost or be required to withdraw the candidate s statement. The Registrar of Voters is not obligated to print and mail the statement if payment is not received. If the candidate is found to be indigent, the Registrar of Voters shall print and mail the statement without advance payment. Notwithstanding the above, the candidate will be billed and expected to pay the cost of the candidate s statement after the election. As with all other nomination documents, the Statement of Financial Worth is a public record and is available for review. 49
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STATEMENT OF ECONOMIC INTERESTS Pursuant to Government Code 87200-01, every candidate for an office specified below shall file no later than the final filing date of a declaration of candidacy, a statement disclosing his or her investments and interests in real property: * Councilmembers of the Cities of Citrus Heights, Elk Grove, Folsom, Galt, Isleton, and Rancho Cordova * City Clerks and Treasurers * Director, Sacramento Municipal Utility District Such statement shall not be required if the candidate has filed, within 60 days prior to the filing of his or her declaration of candidacy, a statement for the same jurisdiction pursuant to Government Code 87202 or 87203. The Registrar of Voters office is the filing official for Statements of Economic Interests in conjunction with candidacy for specified elective offices only. Assuming office statements, annual statements and leaving office Statement of Economic Interests statements are filed with the filing officer of the applicable jurisdiction; i.e., local offices with the county office of the Clerk/Recorder and city offices with the City Clerk. Candidates with questions regarding the Statement of Economic Interests should contact the appropriate person listed below: City of Citrus Heights Candidates Amy Van, City Clerk at 725-2448 City of Elk Grove Candidates Susan Blackston, City Clerk at 478-2205 City of Folsom Candidates Christa Schmidt, City Clerk at 355-7270 City of Galt Candidates Elizabeth Aguire, City Clerk at (209) 366-7130 City of Isleton Candidates Linda Garcia, Interim City Clerk at 777-7770 City of Rancho Cordova Candidates Stacy Leitner, City Clerk at 851-8723 SMUD Candidates Arlen Orchard, District Secretary and General Counsel at 732-5830 51
CODE OF FAIR CAMPAIGN PRACTICES In 1982 legislation was passed which established a Code of Fair Campaign Practices in California that could be voluntarily subscribed to by candidates for public office. Amendments in 1987 expanded the provisions of the Code so as to apply to communications by committees formed primarily to support or oppose a ballot measure, and also reaffirmed civil liability provisions pertaining to libel and slander in campaign advertising and communications. The Registrar of Voters is required to provide the candidate a blank form on which to subscribe to the Code of Fair Campaign Practices and a copy of the Elections Code provisions at the time a declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office are issued. Subscription to the Code is voluntary. Completed forms are to be filed with the Registrar of Voters, and shall be retained for public inspection until 30 days after the election. For your information, the following two pages contain a sample copy of the form and the provisions of the Code. (EC 20400, 20420, 20440-20444) 52
PROVISIONS OF THE CODE OF FAIR CAMPAIGN PRACTICES As found in Chapter 5 of Division 20 of the California Elections Code Chapter 5. Fair Campaign Practices Article 1. General Intent 20400. Intent of Legislature. The Legislature declares that the purpose of this chapter is to encourage every candidate for public office in this state to subscribe to the Code of Fair Campaign Practices. It is the ultimate intent of the Legislature that every candidate for public office in this state who subscribes to the Code of Fair Campaign Practices will follow the basic principles of decency, honesty, and fair play in order that, after vigorously contested, but fairly conducted campaigns, the citizens of this state may exercise their constitutional right to vote, free from dishonest and unethical practices which tend to prevent the full and free expression of the will of the voters. The purpose in creating the Code of Fair Campaign Practices is to give voters guidelines in determining fair play and to encourage candidates to discuss issues instead of untruths or distortions. Article 2. Definitions¹ 20420. Definition of Code. As used in this chapter, Code means the Code of Fair Campaign Practices. Article 3. Code of Fair Campaign Practices 20440. Subscription to code; form. At the time an individual is issued his or her declaration of candidacy, nomination papers, or any other paper evidencing an intention to be a candidate for public office, the elections official, shall give the individual a blank form of the code and a copy of this chapter. The elections official shall inform each candidate for public office that subscription to the code is voluntary. In the case of a committee making an independent expenditure as defined in Section 82031 of the Government Code, the Secretary of State shall provide a blank form and a copy of this chapter to the individual filing, in accordance with Title 9 (commencing with Section 81000) of the Government Code, an initial campaign statement on behalf of the committee. 20441. Supply of forms. The Secretary of State shall print, or cause to be printed, blank forms of the code. The Secretary of State shall supply the forms to the elections officials in quantities and at times requested by the elections officials. 20442. Retention of forms; public inspection. The elections official shall accept, at all times prior to the election, all completed forms that are properly subscribed to by a candidate for public office and shall retain them for public inspection until 30 days after the election. 20443. Public record. Every code subscribed to by a candidate for public office pursuant to this chapter is a public record open for public inspection. 20444. Voluntary. In no event shall a candidate for public office be required to subscribe to or endorse the code. ¹ 304. Definition of campaign advertising or communication. Campaign advertising or communication means a communication authorized by a candidate or a candidate s controlled committee, as defined in Section 82016 of the Government Code, or by a committee making independent expenditures, as defined in Section 82031 of the Government Code, or by a committee formed primarily to support or oppose a ballot measure, as defined in Section 82047.5 of the Government Code, for the purpose of advocating the election or defeat of a qualified candidate or ballot measure through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general, public, political advertising. 305. Candidate definition. Candidate for public office, means an individual who has qualified to have his or her name listed on the ballot of any election, or who has qualified to have written votes on his or her behalf counted by election officials, for nomination for, or election to, any state, regional, county, municipal, or district office which is filled at an election. The provisions of this chapter do not apply to candidates for federal office. 53
CODE OF FAIR CAMPAIGN PRACTICES There are basic principles of decency, honesty, and fair play which every candidate for public office in the State of California has a moral obligation to observe and uphold, in order that, after vigorously contested, but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues. THEREFORE: (1) I SHALL CONDUCT my campaign openly and publicly, discussing the issues as I see them, presenting my record and policies with sincerity and frankness, and criticizing without fear or favor the record and policies of my opponents or political parties which merit such criticism. (2) I SHALL NOT USE OR PERMIT the use of character defamation, whispering campaigns, libel, slander or scurrilous attacks on any candidate or his or her personal or family life. (3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice based on race, sex, religion, national origin, physical health status, or age. (4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice which tends to corrupt or undermine our American system of free elections, or which hampers or prevents the full and free expression of the will of the voters including acts intended to hinder or prevent any eligible person from registering to vote, enrolling to vote, or voting. (5) I SHALL NOT coerce election help or campaign contributions for myself or for any other candidate from my employees. (6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving from any individual or group which resorts, on behalf of my candidacy or in opposition to that of my opponent, to the methods and tactics which I condemn. I shall accept responsibility to take firm action against any subordinate who violates any provision of this code or the laws governing elections. (7) I SHALL DEFEND AND UPHOLD the right of every qualified American voter to full and equal participation in the electoral process. I, the undersigned, candidate for election to public office in the State of California or treasurer or chairperson of a committee making any independent expenditures, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices. PRINT NAME SIGNATURE DATE SIGNED PRINT OFFICE SOUGHT DATE OF ELECTION 54
CAMPAIGN DISCLOSURE GENERAL INFORMATION The Political Reform Act of 1974, as amended, requires all candidates for elective office, all elected officeholders, and all committees supporting or opposing candidates, measures, and petition circulation drives to file campaign disclosure statements disclosing contributions received and expenditures made. Before any funds are solicited or any contributions (including loans) are received, a special campaign bank account must be established and FPPC (Fair Political Practices Commission) Form 501 (Candidate Intention Statement) must be filed with the Secretary of State s Political Reform Division. Candidates raising and/or spending $1,000 or more must file FPPC Form 410 (Statement of Organization) with the Secretary of State s Political Reform Division, to disclose campaign bank account information and to receive a campaign committee identification number. PLEASE NOTE: Candidates for local offices in Sacramento County who anticipate soliciting or receiving any contributions or making any expenditures, including use of personal funds, must file FPPC Form 501 with the Sacramento County Voter Registration and Elections Office. If you do not receive any contributions, and the only expenditures will be from your personal funds for a filing fee and/or a candidate s statement, which will appear in the Sample Official Ballot Pamphlet, you do not have to file FPPC Forms 501 and 410. Candidates for City Council, City Clerk or City Treasurer must file their campaign disclosure statements with the appropriate City Clerk. All candidates at the November 4, 2008 General Election will receive a separate packet containing Campaign Disclosure Information. Included in this packet will be the FPPC Information Manual, FPPC Addendum, FPPC Form 501 and accompanying instruction sheets, and any other campaign disclosure information or instructions provided by the FPPC. Other applicable forms such as FPPC Form 410 (Statement of Organization), FPPC Form 460 (long form with schedules) and FPPC Form 470 (short form for candidates receiving and/or spending under $1,000) will be provided to candidates individually based upon their anticipated level of campaign activity. Although many candidates for local office may feel the data is not applicable to them, the Registrar of Voters is required to provide the information to all candidates for public office. Please do not discard the information - the laws are applicable to all candidates and officeholders. Questions Regarding the Political Reform Act Anyone with questions about specific campaign finance activities should contact the FPPC s Technical Assistance and Analysis Division in Sacramento at (916) 322-5660 or toll free at (866) 275-3772. Semi-Annual Reporting Requirements - Candidates and Officeholders with a Controlled Committee All officeholders and candidates with a controlled committee must file a semi-annual campaign disclosure statement for EACH half of the year WHETHER OR NOT they have received any contributions or made any expenditures during the six-month period. 55
CAMPAIGN DISCLOSURE (continued) Annual Report of Outstanding Loans Candidates, officeholders and committees are required to make an annual report on the status of all loans made or received IF ANY PART OF THE LOAN IS OUTSTANDING. Late Contribution Reports Pursuant to Political Reform Act 82036, late contribution means any contribution including a loan which totals in the aggregate one thousand dollars ($1,000) or more that is made to or received by a candidate, a controlled committee, or a committee formed or existing primarily to support or oppose a candidate or measure before the date of the election at which the candidate or measure is to be voted on but after the closing date of the last campaign statement required to be filed before the election. Late contribution reports must be filed guaranteed overnight mail, personal delivery or by FAX within 24 hours of making or receiving the contribution. Each late contribution report must have a unique report number to be issued by the filer. A late contribution need not be reported if it is not cashed, negotiated or deposited AND is returned to the contributor within 24 hours of its receipt. Terminating a Committee The filing requirements for candidates, officeholders and committees DO NOT automatically terminate when activity ceases or when an officeholder vacates the office. An individual who qualifies as a candidate maintains that status until any potential campaign activity which may be required to be disclosed ceases. FPPC Form 410 with the Termination box checked and dated must be filed with the appropriate filing officers. See FPPC Information Manual for further information. Where to File Campaign Disclosure Forms Where campaign disclosure forms are to be filed depends entirely upon the office that a candidate is seeking; i.e. legislative, judicial, multi-county, local, etc. Please refer to FPPC Information Manual for specific information on where to file. Filing Requirements for Federal Offices Candidates for Federal Office, and any group or organization that becomes a political committee supporting or opposing one or more candidates for Federal Office are subject to the provisions of the Federal Campaign Finance Law. If you are a candidate for Federal Office, or are anticipating running for Federal Office, or forming a political committee to support or oppose candidates for Federal Office, call the Federal Elections Commission (FEC) at (800) 424-9530. Information specialists will answer your questions and, if necessary, provide you with brochures and reporting forms. The address of the FEC is 999 E Street NW, Washington, D.C. 20463. Filing Is the Responsibility of the Candidate and/or Committee It is the responsibility of candidates and/or committees to be aware of and to file the required campaign disclosure statements in a correct and timely manner. As a courtesy, Sacramento County Voter Registration and Elections mails reminder notices to candidates who, based on nomination documents, appear to have a campaign disclosure filing requirement. This notice is mailed approximately 15 days prior to a campaign disclosure filing deadline. If a candidate and/or committee with a campaign disclosure filing obligation fails to file in a timely manner, the non-receipt of a reminder MAY NOT be used as a reason for late or non-filing. Filing is the responsibility of the candidate and/or committee. 56
SACRAMENTO COUNTY PUBLIC CAMPAIGN FINANCE ORDINANCE Sacramento County has a contribution limitation ordinance that sets restrictions on the size of contributions from individuals and organizations. At this time, the ordinance is applicable only to candidates and officeholders for Member, Board of Supervisors. A copy of the ordinance, will be provided to candidates for Member, Board of Supervisors. If you have any questions pertaining to the Sacramento County Public Campaign Finance Ordinance, please call the Campaign Disclosure section at (916) 875-6276. 57
CAMPAIGN DISCLOSURE (continued) IMPORTANT TELEPHONE NUMBERS Fair Political Practices Commission (FPPC) Campaign Disclosure...(916) 322-5660 Conflict of Interest Disclosure (866) 275-3772 Lobbying Disclosure (toll free) Conflict of Interest Disqualification To file a complaint under the Political Reform Act www.fppc.ca.gov State Franchise Tax Board (Northern California)...(800) 852-5711 Committee Tax Status Tax Deductible Contributions Charitable Non-Profit Groups Tax Related Questions www.ftb.ca.gov Secretary of State...(916) 653-6224 Committee Identification Number www.ss.ca.gov Federal Elections Commission (FEC)...(800) 424-9530 Federal Campaign Disclosure Requirements Contributions from National Banks, National Corporations Contributions from Foreign Nationals www.fec.gov Sacramento County Voter Registration and Elections. (916) 875-6451 Campaign Disclosure FAX (916) 875-6228 www.co.sacramento.ca.us/elections www.elections.saccounty.net 58
Candidates for Local Office (Including Superior Court Judges) Committees Primarily Formed to Support/Oppose Local Candidates Committees Primarily Formed to Support/Oppose Local Measures Being Voted on November 4, 2008 Filing Deadline Type of Statement Period Covered 1/ Method of Delivery July 31, 2008 Semi-Annual 1/ 6/30/08 Personal Delivery First Class Mail October 6, 2008 2/ Pre-Election 7/1/08 9/30/08 Personal Delivery First Class Mail October 23, 2008 Pre-Election 10/1/08 10/18/08 Personal Delivery Guaranteed Overnight Service Within 24 Hours Late Contributions 3/ and Independent Expenditures 4/ 10/19/08 11/3/08 Personal Delivery Guaranteed Overnight Service Fax February 2, 2009 2/ Semi-Annual 1/ 12/31/08 Personal Delivery First Class Mail Footnotes: Except for deadlines that fall on a Saturday, Sunday, 1/ The period covered by any statement begins on the or an official state holiday, filing deadlines may not day after the closing date of the last statement filed, or be extended. Late statements are subject to a $10 per January 1, if no previous statement has been filed. day late fine. 2/ Because the October 5 deadline falls on Sunday, and All statements are public documents. 3/ the January 31, 2009 filing deadline falls on Saturday, these filing deadlines are extended to October 6, 2008, and February 2, 2009, respectively. The recipient of a late in-kind contribution must file a late contribution report within 48 hours from the time Local jurisdictions may impose contribution limits and additional filing requirements. Refer to the appropriate campaign disclosure manuals for information on where to file statements. the in-kind contribution is received. 4/ A controlled committee of a candidate may not make an independent expenditure to support or oppose another candidate. As of the date of this publication (10/07), the FPPC Campaign Disclosure Manuals for local candidates (Manual 2) and for committees primarily formed to support or oppose a ballot measure (Manual 3) contain Additional Notes: Primarily Formed Ballot Measure Committees: Prior to the semi-annual period in which the the most recent information on campaign disclosure requirements. Be sure to check the FPPC web site (www.fppc.ca.gov) for updated information. measure(s) supported or opposed is being voted on, committees must file quarterly campaign statements in addition to semi-annual statements. Following the election, quarterly statements may also be required. Contact the FPPC for specific information. Candidates: Contact the FPPC for revised reporting deadlines in the event of a runoff election. After an election, reporting requirements will depend on whether the candidate is successful and whether a campaign committee is maintained. FPPC Toll-Free Helpline: 866-ASK-FPPC 10/07 2/05 59
Review of Reporting Requirements Campaign Disclosure filing requirements for all candidates and officeholders: ELECTED OFFICEHOLDERS Must file campaign disclosure reports each year: FPPC Form 470 Do not have a campaign committee and Will not receive and/or spend $1,000 or more in a calendar year FPPC Form 460 Maintain campaign committee or Receive and/or spend $1,000 or more in a calendar year DEFEATED CANDIDATES Must file campaign disclosure reports until: Campaign committee has been terminated (FPPC Form 410) Elected officers whose salaries are less than two hundred dollars ($200) a month, judges, judicial candidates and their controlled committees shall not file semi-annual statements pursuant to this subdivision for any six-month period in which they have not made or received any contributions or made any expenditures. (GC 84200(a)(2)) 60
ITEMS TO REMEMBER 1. Be informed Study the FPPC Campaign Disclosure Manual. Local candidates should ask their election official about any local campaign restrictions. 2. Before raising or spending any money File FPPC Form 501 (Candidate Intention Statement). Then open a special campaign bank account. Once $1,000 is raised or spent, get an identification number by filing FPPC Form 410. 3. Mark your calendar Know the due dates for campaign statements and file on time. 4. Keep good records Maintain details on contributions and expenditures of $25 or more. Refer to recordkeeping guidelines in your FPPC Campaign Disclosure Manual. 5. $100 or more in cash? Never accept or spend $100 or more in cash. 6. Using personal funds for campaign expenses All personal funds of the candidate must first be deposited in the campaign bank account, except for filing fee/ballot statement fee. 7. Report late contributions If $1,000 or more is received from one contributor during the last 16 days before the election, disclose receipt within 24 hours, even if the contribution is from your personal funds. 8. Itemize contributors For contributions of $100 or more, including loans and in-kind contributions, you must disclose the contributor s name, address, occupation and employer. 9. If an agent or campaign consultant buys goods or services for the campaign Itemize expenditures of $500 or more made by the agent or consultant. 10. Identify candidate/committee on mailings Include your name and campaign address in at least 6-point type on the outside of all mass mailings (more than 200 pieces). Your committee s name may be used if it includes your name. If your name is not part of the committee s name, you may use just your name, or both your name and the name of the committee. 11. No personal use of campaign funds Use campaign funds only for political, legislative or governmental purposes. 12. Be more informed Attend a campaign workshop in your area. Contact your filing officer or the FPPC at (866) 275-3772 if you have any questions. 61
CAMPAIGN LITERATURE MASS MAILING Any candidates or campaigns planning any type of mass mailing need to contact the post office in advance for the most current and specific postal regulations. Definition of Mass Mailing: Mass mailing means more than 200 substantially similar pieces of mail, but does not include a form letter or other mail that is sent in response to an unsolicited request, letter, or other inquiry. Government Code 84305 is reproduced here for your information: (a) Except as provided in subdivision (b), no candidate or committee shall send a mass mailing unless the name, street address, and city of the candidate or committee are shown on the outside of each piece of mail in the mass mailing and on at least one of the inserts included within each piece of mail of the mailing in no less than 6-point type which shall be in a color or print which contrasts with the background so as to be easily legible. A post office box may be stated in lieu of a street address if the organization's address is a matter of public record with the Secretary of State. (b) If the sender of the mass mailing is a single candidate or committee, the name, street address, and city of the candidate or committee need only be shown on the outside of each piece of mail. (c) If the sender of a mass mailing is a controlled committee, the name of the person controlling the committee shall be included in addition to the information required by subdivision (a). Mass Mailing Prohibitions No newsletter or other mass mailing shall be sent at public expense. (GC 89001) Political Advertising Requirements - Newspapers Any paid political advertisement which refers to an election or to any candidate for State or local elective office and which is contained in or distributed with a newspaper, shall bear on each surface or page thereof, in type of lettering at least half as large as the type or lettering of the advertisement or in 10-point roman type (whichever is larger), the words Paid Political Advertisement. Such words shall be set apart from any other printed matter. As used in this section, paid political advertisement shall mean and shall be limited to published statements paid for by advertisers for purposes of supporting or defeating any person who has filed for an elective State or local office. (EC 20008) 62
CAMPAIGN LITERATURE, MASS MAILING (continued) Simulated Ballot Requirements Elections Code 20009 provides as follows: (a) Every simulated ballot or simulated sample ballot shall bear on each surface or page thereof, in type or lettering at least half as large as the type or lettering of the statement or words or in 10- point roman type, whichever is larger, in a printed or drawn box and set apart from any other printed matter, the following statement: NOTICE TO VOTERS (Required by Law) This is not an official ballot or an official sample ballot prepared by the county election official or the Secretary of State. This is an unofficial, marked ballot prepared by (insert name and address of the person or organization responsible for preparation thereof). Nothing in this section shall be construed to require this notice in any editorial or other statement appearing in a regularly published newspaper or magazine other than a paid political advertisement. (b) No simulated ballot or simulated sample ballot, referred to in subdivision (a) shall bear any official seal or the insignia of any public entity, nor shall that seal or insignia appear upon the envelope in which it is mailed or otherwise delivered. (c) The superior court, in any case brought before it by any registered voter, may issue a temporary or permanent restraining order or injunction against the publication, printing, circulation, posting or distribution of any matter in violation of this section, and all cases of this nature shall be in a preferred position for purposes of trial and appeal, so as to assure the speedy disposition thereof. Truth in Endorsements Law Elections Code 20000 et seq. provides additional information regarding restrictions on endorsements, representation requirements, etc. A copy of the code is available for viewing at Voter Registration and Elections, or a copy of the applicable pages may be purchased for the standard copy fee. This code section is also available on the Secretary of State s website: www.ss.ca.gov Campaign Literature Containing Polling Place of Voter Candidates are requested not to distribute or mail campaign literature telling voters where their polling places are located. In the past, candidates have mailed, or had distributed campaign literature telling voters to go to the incorrect polling place. It is not only confusing to voters, but invariably some polling place changes occur in the last few days before an election. Voters become very irritated when they receive incorrect polling place information from a candidate and/or a committee. This could result in the voters having a negative reaction to the candidate or to a measure. You can understand the problems this causes for you, the voters and the staff of Voter Registration and Elections. 63
OUTDOOR POLITICAL ADVERTISING POLITICAL SIGNS State Requirements (State Outdoor Advertising Act 5405.3) The California Department of Transportation, Right of Way Program-Outdoor Advertising Branch, has specific requirements pertaining to political signs placed within their areas of jurisdiction. Reproduced on the following pages are their informational letter, a Statement of Responsibility for Temporary Political Signs and a map of their district offices. 64
Dear Candidate or Committee Member: As a candidate or campaign worker for either office or a ballot measure, this reminder about State law governing campaign signs should be helpful to you. Section 5405.3 of the State Outdoor Advertising Act exempts the placing of Temporary Political Signs from normal outdoor advertising display requirements. A Temporary Political Sign meets the following criteria: A. Encourages a particular vote in a schedule election. B. Is placed not sooner than 90 days prior to the scheduled election and is removed within 10 days after that election. C. Is no larger than 32 square feet. D. Has had a Statement of Responsibility filed with the Department certifying a person who will be responsible for removing the sign (Attached). A completed Statement of Responsibility must be submitted to the appropriate District Office according to the county location of the Temporary Political Sign(s). (See attached map for address) Temporary Political Signs shall not be placed within the right-of-way of any highway, or be visible within 660 feet from the edge of the right-of-way of a classified Landscaped freeway. State law directs the Department of Transportation to remove unauthorized Temporary Political Signs and bill the responsible party for their removal. We are calling these provisions to your attention to avoid possible embarrassment to you and your supporters. Please pass this information along to those assisting in your campaign. If you have any questions, feel free to contact us at the appropriate Outdoor Advertising District Office (See attached map for contact numbers). Enclosure 65
STATEMENT OF RESPONSIBILITY FOR TEMPORARY POLITICAL SIGNS Election Date: June November Other: Candidate s Name: Office sought or Proposition Number: County where sign(s) will be placed: Number of signs to be placed: RESPONSIBLE PARTY S: Name: Address: Phone Number (Include Area Code) The undersigned hereby accepts responsibility for the removal of Temporary Political Signs placed pursuant to Section 5405.3 of the Outdoor Advertising Act for the above candidate or proposition. It is understood and agreed that any Temporary Political Signs placed not sooner than ninety (90) days prior to the election and/or not removed within ten (10) days after the election, may be removed by the Department and the responsible party will be billed for any associated removal costs. Signature of responsible party Date Mail Statement of Responsibility to the Appropriate District Office according to the COUNTY LOCATION of the Temporary Political Sign(s) (See attached map). 66
OUTDOOR ADVERTISING DISPLAY PERMIT APPLICATION Del Norte Siskiyou Modoc Trinity Shasta 2 Lassen Humboldt 1 Tehama Department of Transportation Plumas Division of Traffic Operations MS-36 Outdoor Advertising Branch Mendocino Glenn Butte Sierra P.O. Box 942874 Sacramento, CA 94274-0001 Nevada (916) 654-6473 (916) 651-9359 FAX Lake Colusa Sutter Yuba 3 Placer Sonoma Yolo Napa Solano Sacramento El Dorado Amador Calaveras Alpine Marin Contra Costa San Joaquin 10 Tuolumne Mono San Francisco San Mateo Alameda 4 Stanislaus Mariposa Santa Clara Merced Santa Cruz Madera 9 San Benito Fresno Inyo Tulare Monterey 5 Kings 6 San Luis Kern Obispo San Bernardino Santa Barbara Ventura 7 8 Los Angeles Orange Riverside 12 11 Imperial San Diego JUNE 2006 67